- (1.) Cm-1778-C-2012 IN RSA-627-2012 For the reasons stated in the application which is duly supported by an affidavit, the delay of 210 days in re-filing the appeal is condoned. CM stands disposed of. CM-1648-C-2012 IN RSA-591-2012 For the reasons stated in the application which is duly supported by an affidavit, the delay of 21 days in filing the appeal is condoned. CM stands disposed of.
(2.) Main CASES This order of mine shall dispose of the appeal bearing RSA No.591 of 2012 titled as "Gurbachan Kaur V/s Paramjit Singh and others" arising out of a decision of Civil Suit No.626 of 2008 titled as "Balwinder Singh (Deceased through LRs) V/s Gurbachan Kaur w/o Surjan Singh" wherein the Courts below have decreed the suit seeking specific performance of the agreement to sell dated 08.10.2001 in respect of a land measuring 13 kanals 14 marals and the other appeal bearing RSA No.627 of 2012 titled as "Satnam Singh V/s Paramjit Singh and others", arising out of a decision of the Civil Suit No.533 of 2008 tilted as "Balwinder Singh (deceased through LRs) V/s Satnam Singh" whereby the suit seeking specific performance of the agreement to sell dated 03.12.2001 in respect of a land measuring 5 kanals 14 marals has been ordered to be decreed.
(3.) Mr. Vikas Singh, learned counsel appearing on behalf of the appellant(s)-defendant(s) in both the appeals submits that the appellant(s)- defendant(s) in the written statement categorically denied the execution of the agreement to sell and stated that it was a loan transaction of Rs. 50,000/-, which had been repaid, but the blank stamp papers have been used for agreement to sell. The agreement to sell was dated 08.10.2001 and the alleged target date was 08.10.2002. The respondent No.1-plaintiff is stated to have paid earnest money of Rs. 2,32,000/- against the total sale consideration of Rs. 3,60,000/-, whereas in the second suit, against the total sale consideration of Rs. 1,42,500/-, a sum of Rs. 1,00,000/- had been paid as earnest money and the extended target date was 20.04.2002.;