SUKHDEV SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) CM No. 1260-C of 2009

(2.) For the reasons stated in the application, the same is allowed and the delay of 106 days in re-filing the appeal is condoned. Main Case

(3.) This is defendant's regular second appeal. Plaintiff Harminder Kaur filed a suit for possession through specific performance of the agreement to sell dated 19.12.1997 executed by the appellant herein for sale of plot of land measuring 45x100', i.e., 17 marlas, being 17/132 share out of 6 Bighas 12 Biswas, detailed description of which was given in the head note of the plaint on receipt of balance sale consideration and to execute and get registered the sale deed of total consideration amount in favour of plaintiffs or in the alternative a decree for recovery of Rs. 4.00 lacs, i.e., Rs. 3.00 lacs paid as earnest money and Rs. 1.00 lacs on account of damages and for permanent injunction restraining the defendant from alienating the suit land to any person other than the plaintiffs.