ASHOK KUMAR Vs. GURCHARAN SINGH AND ORS.

JUDGEMENT

(1.) Challenge in this appeal is to the judgments and decree passed by the Courts below, whereby the suit for possession by way of specific performance of the agreement to sell dated 25.03.2004 qua land measuring 32 kanals 0 marla in Village ADB Pragpur, Tehsil Balachaur, District Nawanshahr, stands decreed vide judgment dated 03.02.2011 passed by the Additional Civil Judge (Senior Division), Balachaur, which has been affirmed by the Additional District Judge, Shaheed Bhagat Singh Nagar, vide judgment dated 28.08.2012.

(2.) It is the contention of counsel for the appellant that the findings recorded by the Courts below are unsustainable as the sale consideration is inadequate. He further contends that there has been an inordinate hardship on the part of the appellant-defendant as over a period of time, now the prices have escalated and he is entitled to a higher sale consideration and in support of this contention, he places reliance upon the judgment of Hon'ble Supreme Court in K.Prakash Vs. B.R.Sampath Kumar, 2014 4 LawHerald(SC) 3423. Assertion has also been made that he had earlier sold 56 kanals of land in favour of the respondent-plaintiff by sale deed dated 19.11.2004 on the basis of an agreement to sell dated 25.03.2004 and if the present suit is allowed to be decreed, his remaining 32 kanals of land would be put to sale, leaving him without any land and he has no other source of livelihood. He, thus, contends that the Court may exercise its powers under Section 20 of the Specific Relief Act (for short, "the Act") and pass appropriate orders.

(3.) I have considered the submissions made by learned counsel for the appellant-defendant and gone through the judgments passed by the Courts below.