High Court of Punjab and Haryana, Chandigarh
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Ram Mehar v. Karan Singh & Ors - RSA-4768-2003  RD-P&H 433 (31 January 2006)
REGULAR SECOND APPEAL NO. 4768 of 2003
DATE OF DECISION: February 14, 2006.
Karan Singh and others ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. R.K.Gupta,
Advocate, for the appellant.
Respondents plaintiffs filed a suit for specific performance of an agreement to sell dated October 11, 1996, with respect to the land, description of which was given by him in his plaint. It was his case that after execution of the agreement, referred to above, and on receipt of sale consideration, to the extent of Rs. 2,50,000/-, he was put in possession and thereafter, when appellant defendant failed to execute the sale deed, he was compelled to file this suit. His suit was decreed. Appellant failed in appeal. Before this Court, an attempt has been made to say that the agreement to sell was never executed. However, perusal of evidence on record reveals that before filing the suit, two notices were sent to the appellant by the respondent with a request that consequent to the agreement to sell, as referred to above, sale deed be executed. To those notices, no reply was given and no action what-so-ever was initiated by the appellant against the respondent. Furthermore, only one day after the date of the execution of the agreement to sell, vide receipt Ex. D2, appellant had repaid the loan amount raised by him. From where that amount had come, no explanation has been furnished before the Court below. Contention of counsel for the appellant that in fact it was a lease transaction, being beyond pleadings and also in view of facts referred to above, is not believable. No case is made out for interference in pure findings of fact as no substantial question of law has been raised during arguments. Dismissed.
February 14, 2006. ( Jasbir Singh )
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