NIDHAN SINGH Vs. SANTA SINGH

JUDGEMENT

(1.) LEAVE granted.

(2.) HEARD Mr. Neeraj Kumar Jain, learned senior counsel in support of this appeal and Ms. Anita Sahani, learned counsel appearing for the respondents. This appeal seeks to challenge the judgment and order dated 5th July, 2006 rendered by Punjab and Haryana High Court at Chandigarh in Regular First Appeal No. 185 of 1980, affirming the 1st judgment and decree passed by the Sub Judge, Class, Moga, in Suit No.314 of 1977 which was filed by the respondent.

(3.) VARIOUS issues were raised in the suit and after having framed the issues, the Trial Court came to the conclusion that the respondent plaintiff was ready and willing to perform his part of the agreement and had made out a case of specific performance. The suit was therefore decreed. The appeal against the order of the Trial Court was dismissed by the High Court. Hence, this appeal, by special leave, by the heirs and legal representatives of the defendant Nidhan Singh.