ARUN KUMAR GAUTAM Vs. RAJBIR SINGH

JUDGEMENT

(1.) Defendant is in appeal against the judgment and decree dtd. 3/11/2025 passed by the Court of Additional District Judge, SAS Nagar, dismissing his appeal against the judgment and decree dtd. 8/4/2025 passed by the Court of Civil Judge (Jr. Divn.), Dera Bassi, vide which the suit of the plaintiffs-respondents for possession by way of specific performance of the agreement to sell dtd. 2/7/2020 was decreed as per the provisions of Order XII Rule 6 CPC.

(2.) For the sake of convenience and clarity, parties shall be referred to as per their original status.

(3.) Plaintiffs (Rajbir Singh and Kirna Devi) instituted a suit for possession by way of specific performance of agreement to sell dtd. 2/7/2020, executed by the defendant (Arun Kumar Gautam) in favour of the plaintiffs for sale of House No.41A, situated at AKS Colony, Village Lohgarh, Sub-Tehsil Zirakpur, Tehsil Dera Bassi, District SAS Nagar (Mohali) (fully described in the plaint) (hereinafter referred to as "the suit property"). In the alternative, Rs.24.00 lakhs (double of earnest money) was claimed with interest at the rate of 24% per annum. Consequential relief of permanent injunction restraining the defendant from alienating, mortgaging, gifting or transferring the suit property was also sought.