SUKHWINDER SINGH Vs. JAGROOP SINGH
SUPREME COURT OF INDIA
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(2.)The appellant herein was the defendant No.2 in Case No.915 of 16.11.2004/17.04.2015. The respondent No.1
herein was the plaintiff in the suit. The respondent No.2
herein was the defendant No.1 therein. The parties will
be referred to in the rank assigned to them in the suit for
the purpose of convenience and clarity. The plaintiff
instituted the suit seeking for decree of possession by
way of specific performance of the Agreement of Sale
dated 03.01.2004 executed by defendant No.1 in favour
of the plaintiff agreeing to sell the land measuring 3
Kanals 4 Marlas comprised of Khewat No.36/35
Khatauni No.91, Rect. No.63 Killa No.2/2 (34), situated
in village Dulla Singh Wala, Tehsil and District Ferozpur.
(3.)The case of the plaintiff was that the property was agreed to be sold for the total consideration of
Rs.1,40,000/. Towards the said amount the plaintiff
had paid the sum of Rs.69,500/ as earnest money. The
plaintiff had further prayed in the suit to set aside the
Sale Deed dated 11.06.2004 executed by the defendant
No.1 in favour of the defendant No.2 since according to
the plaintiff the same was null and void and did not bind
the plaintiff. In the alternative, the plaintiff had sought
for a decree to recover a sum of Rs.1,40,000/ of which
Rs.69,500/ had been paid as earnest money while the
remaining sum of Rs.70,500/ was sought as damages.
The defendants at the first instance had failed to appear
and contest the suit. Accordingly, the Trial Court by its
judgment dated 14.06.2007 had decreed the suit.
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