MANJIT KUMAR Vs. RAM SAWROOP AND OTHERS

JUDGEMENT

(1.) Vide this common judgment RSA No.4699 of 2009 and RSA No.2003 of 2014 are being disposed of as both the appeals have arisen out of common cause of action. Facts are being taken from RSA No.4699 of 2009.

(2.) This is a remand case from the Honourable Apex Court. The Honourable Apex Court vide order dated 24.07.2013 remanded this appeal for fresh adjudication after framing substantial questions of law within a specified period.

(3.) Plaintiff-appellant/Manjit Kumar filed a suit for possession through specific performance of agreement. An agreement to sell dated 22.05.2000 was executed by defendant No.1 in respect of 16 kanals of land situated in the revenue estate of village Bani, Tehsil Rania, District Sirsa for a total sale consideration of Rs. 1,20,000.00 i.e. @ Rs. 60,000.00 per acre. An amount of Rs. 1,00,000.00 was received by defendant No.1 from the plaintiff as earnest money in the presence of the witnesses. Plaintiff was put in actual physical possession of the suit land. The date for execution and registration of sale deed was fixed on or before 21.05.2001.