(1.) DISMISSED as withdrawn. R.S.A. No. 483 of 1991 This regular second appeal is directed against the judgment and decree passed by the learned Courts below, decreeing the suit for specific performance.
(2.) THE plaintiff/respondent No. 1 brought a suit for possession by specific performance of agreement to sell dated 23.1.1980. The agreement was said to have been executed by the respondent/plaintiff through her husband Jagdish Chander, earnest money of Rs. 2500/- was paid to defendant No. 1. The agreement was said to have been duly signed by defendant No. 1 in the presence of witnesses, which was got attested from the Notary Public, Karnal.
(3.) ON notice, the suit was contested by filing separate written statement. Defendant No. 1 raised objection that the suit was not maintainable, as the suit with regard to same property was filed earlier in the Court of learned Sub Judge, 1st Class, Karnal, therefore, the present suit was barred by principle of res judicata.
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