SUKHBIR Vs. AJIT SINGH

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.09.2016 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. No. 4848/2016, by which the High Court has disposed of the said second appeal modifying the judgment and decree for specific performance qua agreement to sell which was in favour of the original plaintiff to the extent holding that the respondent-original plaintiff shall be deemed to have stepped into the shoes of the vendor and shall be entitled to the entire amount of compensation along with solatium and interest etc. owing to the acquisition of the land, the original defendant has preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:

(3.) Feeling aggrieved and dissatisfied with the judgment and decree passed by the learned trial Court, affirmed by the first appellate court, the defendant preferred second appeal before the High Court being R.S.A. No. 4848/2016. Before the High Court, it was submitted on behalf of the defendant that in view of the fact that the land in question has been acquired under the provisions of the Land Acquisition Act, the defendant has no saleable right and interest in the suit property and therefore the agreement to sell cannot be executed. Submissions on merits were also made on behalf of the defendant on the findings recorded by the learned trial court on execution of the agreement to sellby the defendant in favour of the plaintiff; accepting Rs. 31,50,000/- by way of part sale consideration; and readiness and willingness on the part of the plaintiff to pay the balance sale consideration of Rs. 50,000/-.