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Tuesday, March 9, 2010

Specific Performance--Agreement to sell--Two agreements--Bonafide Purchaser

2010(1) LAW HERALD (P&H) 177
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Regular Second Appeal No.3325 of 2007
Suresh Kumar & Ors.
v.
Ajit Singh & Ors.
{Decided on 17/08/2009}
Present: Mr. Sanjay Mittal, Advocate for the appellant.
Ms. Sushma Singh, Advocate for respondent nos. 1 and 2.
Respondent no.3 ex-parte.
Service of respondent no.4 dispensed with, vide order dt:27.01.2009.
Specific Relief Act, 1963, S.63--Specific Performance--Agreement to sell--Two agreements--Bonafide Purchaser--Earnest money--Refund of--Alternative relief--Sale deed dated 26.11.1998 executed in favour of defendant nos. 2 to 4 on basis of agreement to sell dated 30.9.1998 by attorney of defendant no.1--Payment of sale consideration by defendant no. 2 to 4 to attorney of defendant no.1 also proved--Plea taken by plaintiff that he was put in possession of property in dispute at time of agreement to sell dated 6.11.1998 not proved--Mere fact that defendant no.2 to 4 are related to defendant no.1 did not prove that agreement to sell dated 30.9.1998 and sale deed dated 26.11.1998 were in any way result of fraud--Plea taken by defendant no.1 regarding cancellation of power of attorney not substantiated through any evidence--Since agreement to sell in favour of plaintiff was proved and admitted by defendant no.1 though he is not entitled to decree for specific performance in peculiar facts and circumstances--Plaintiff entitled to recovery of amount of earnest money already paid by him alongwith interest. (P.13, 14 & 15)