In a second appeal concerning specific performance and declaration of title based on a alleged sale agreement, the Single Judge dismissed the appeal, holding the appeal devoid of merit after finding the lower courts' findings on evidence were sound.
The appeal was dismissed; no declaration or specific performance was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
RSA No.2187 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2187 of 2011
Date of Decision: January 04, 2012
Charan Singh
.......Appellant
Versus
Teja Singh
.......Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present : Mr.Rajbir Singh, Advocate for the appellant.
<><><>
TEJINDER SINGH DHINDSA, J.
The plaintiff-appellant is in second appeal before this Court having been unsuccessful in both the Courts below.
RSA No.2187 of 2011
2
attempted to interfere into the possession of the plaintiff-appellant over the suit plot on 5.10.2007 and had also refused to execute the sale-deed and accordingly, the suit had been instituted. Upon notice, the defendantrespondent had taken a plea of denial stating therein that no agreement to sell had been executed and that apart, a preliminary objection about the maintainability of the suit itself had been raised.
RSA No.2187 of 2011
3
plaintiff-appellant. In terms thereof, the entire sale-consideration of Rs.38,500/- is stated to have been paid and the possession of the property in dispute vested with the plaintiff-appellant. The document, Exhibit P1, has been seen by the Courts below not as an agreement to sell but, in fact, has been written in the form of a sale-deed.
( TEJINDER SINGH DHINDSA ) JUDGE
Note: Whether to be referred to Reporter?
JANUARY 04, 2012 SRM
Yes/No
3 issues framed by the court
Whether the lower courts erred in dismissing the appeal regarding specific performance of an alleged sale agreement.
Whether the document in question qualifies as a valid agreement to sell considering its form and registration status.
Whether the impugned judgment passed by the Additional District Judge, Barnala is liable to be set aside.
1 provisions across 1 enactments
Charan Singh
Teja Singh
Tejender Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
