MANMOHAN SINGH Vs. HAKAM SINGH

JUDGEMENT

(1.) CM No.13039-C of 2009 Application is allowed subject to all just exceptions.

(2.) The appellant who is defendant No.1 in the civil suit has filed this appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent No.1 for possession by way of specific performance of the agreement to sell in question has been decreed to the extent of getting the specific performance of agreement to sell Ex.P-1 executed to the extent of 2 kanals 2 marlas land with proportionate costs.

(3.) As per averments, plaintiff-respondent No.1 filed a suit for possession by way of specific performance of the agreement to sell dated 27.5.2004 regarding the property detailed in the head note executed by appellant in his favour for a total sale consideration of Rs.1,28,124/-. Plaintiff also sought a declaration that the sale deed dated 26.5.2004 executed by the appellant in favour of defendant No.2 regarding 2 kanals land out of the suit land was illegal null and void and without consideration. Alternative relief for recovery of an amount and injunction restraining the defendant-appellant from further alienating the suit property was also sought by the plaintiff-respondent.