LAWS(P&H)-2015-1-156

ANANT KAUR CHAHAL Vs. A.S. MANN

Decided On January 19, 2015
Anant Kaur Chahal Appellant
V/S
A.S. Mann Respondents

JUDGEMENT

(1.) THIS order will dispose of two appeals bearing RSA Nos. 486 and 3580 of 2014, as common questions of law and facts are involved. Arguments were heard at motion stage for final disposal of the appeals with the consent of the parties.

(2.) TWO appeals have been filed against a common judgment and decree of the lower appellate court in a suit for permanent injunction and specific performance of agreement to sell filed by the respondent -plaintiff, vide which the appeal filed by the respondent was allowed and the cross -objections filed by the appellant, were dismissed.

(3.) THE plea taken by the appellant in reply to the suit was that agreement dated 19.10.2000 was a forged document as the same was never executed. The appellant never came to Chandigarh between 1.10.2010 and 31.12.2000. Rs. 6,00,000/ - were neither received by the appellant nor any receipt was issued. The execution of oral memorandum of understanding on 12.3.2000 between the parties and receipt of Rs. 1,00,000/ - as advance was accepted. It was pleaded by the appellant that oral memorandum of understanding stood cancelled and the respondent was at liberty to collect Rs. 1,00,000/ - from her.