YASHODA (ALIAS SODHAN) Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) The appeal challenges the judgment dtd. 28/1/2009 passed by the learned Single Judge of the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No. 3205 of 2007 (O&M), thereby dismissing the appeal filed by the present appellant.

(2.) Brief facts giving rise to the present appeal are as under:

(3.) The plaintiff filed the present suit on 2/6/1994 being Suit No. 536 of 1994 seeking specific performance on the basis of alleged agreement to sell dtd. 10/1/1993. The appellant-defendant resisted the suit by filing written statement on 29/10/1994. In the written statement, the appellant-defendant categorically denied the existence and/or the execution of any agreement to sell. It was specifically contended by the appellant-defendant that the second suit was not maintainable in view of withdrawal of the first suit. The plaintiff filed his Replication on 14/11/1994 contending that the first suit for declaration was filed only to avoid payment of stamp duty and registration charges.