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Sunday, March 28, 2010

2009(3) LAW HERALD (P&H) 1977
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A. No. 477 of 1996
Om Parkash & Ors.
v.
Shyam Lal
{Decided on 21/07/2009}
For the Appellants: Mr. P.C. Dhiman, Advocate.
For the Respondent: Mr. S.S. Dinarpur, Advocate.
Permanent Injunction--Vesting of surplus area--Defendant was allotted land in question which was declared surplus in hands of big owner--Despite order of High Court he was not able to get possession of land--Rather plaintiff obstructed due process of law by filing suit for permanent injunction--Land in question after it was declared surplus vested in state--Plaintiff dismissed--Haryana Ceiling on Lands Holdings Act, 1972, Section 12.
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Jeet Singh v. Bahadur Singh
2009(3) LAW HERALD (P&H) 1980
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mrs. Justice Sabina
R.S.A. No. 2668 of 2009(O&M)
Jeet Singh
v.
Bahadur Singh
{Decided on 16/07/2009}
For the Appellant: Mr. Harsh Aggarwal, Advocate.
Specific Relief--Agreement to sell--Specific performance--Agreement to sell could not be forged and fabricated document as stamp paper was purchased by defendant himself for execution of agreement to sell in favour of plaintiff--Plaintiff proved execution of agreement to sell by examining attesting witness as well as hand writing expert--Plaintiff also proved on record his affidavit where by his presence was marked by executive Magistrate on 19.6.2000--Although sale deed was to be executed on or before 15.6.2006 but from 15.6.2000 there were holidays--Court below rightly inferred that plaintiff was willing to perform his part of agreement--No interference--Specific Relief Act,1963 (Para 6)
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