Allowed

Om Dhara and Ors. v. Partap Singh and Ors.

Punjab & Haryana HC5 Mar 2012RSA/2836/2008

Case brief

AI extract

What is this about?

In a second appeal regarding specific performance of an agreement to sell, the court allowed the appeal on the basis of a compromise agreement reached by the parties, setting aside the lower appellate judgment and restoring the trial court decree.

What did the court decide?

Impugned judgment of first appellate court set aside; trial court decree restored; suit for specific performance dismissed based on compromise.

Om Dhara and Ors. Vs Partap Singh and Ors. — Specific Performance | Punjab & Haryana HC (2012)

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CM No.2714-C of 2012 in/and RSA No.2836 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CM No.2714-C of 2012 in/and RSA No.2836 of 2008 Date of decision:05.03.2012

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Smt. Om Dhara and others

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......Appellants

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Vs.

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Partap Singh and others

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...Respondents

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CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.

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Present: Mr. Saurabh Dalal, Advocate for the applicants/respondents.

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Mr. Amit Kumar, Advocate for non-applicant/appellants.

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Tejinder Singh Dhindsa, J.

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CM No.2714-C of 2012:

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This is an application under Order 23 Rule 3 CPC for disposing

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of the main regular second appeal in terms of the compromise Annexure R-1/1.

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The defendants/appellants are in second appeal before this

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Court.

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The plaintiff/respondent filed a suit for specific performance in respect of the agreement to sell dated 20.02.1996. The trial Court vide judgment and decree dated 30.03.2007 dismissed the suit filed by the plaintiff. In a civil appeal preferred by the plaintiff-Partap Singh, vide judgment dated 22.04.2008 passed by the first appellate Court, the appeal

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CM No.2714-C of 2012 in/and RSA No.2836 of 2008

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-2-

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was accepted and the judgment and decree of the trial Court were set aside. Accordingly, the suit of the plaintiff-Partap Singh for decree of possession of the suit property by way of specific performance of the agreement to sell dated 20.02.1996 was passed subject to payment of remaining sale consideration. It is against such impugned judgment dated 22.04.2008 passed by the first appellate Court that the defendants/appellants filed second appeal before this Court.

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Respective counsel for the parties, who are present in Court contend that the parties during the pendency of the present second appeal have compromised the matter in the light of the compromise Annexure R-1/1. The appellants/defendants No.1 & 2 namely Om Dhara and Manoj as also Partap Singh-respondent/plaintiff are present in Court. The parties are also agreed to the compromise at Annexure R-1/1.

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In terms of the compromise Annexure R-1/1, the plaintiff/respondent is not bound to act upon the agreement to sell dated 20.02.1996. As such in terms of the compromise deed, the judgment and decree of the first appellate Court is also not be acted upon towards specific performance of such agreement to sell dated 20.02.1996.

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In the light of the stand of the parties present in Court as also the respective statements of both the counsels representing the parties, prayer in the application is allowed and the main second appeal is permitted to be disposed of in terms of agreement dated 20.02.1996.

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CM disposed of.

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RSA No.2836 of 2008:

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In the light of the orders passed in CM No.2714-C of 2012 , the present regular second appeal is allowed in terms of the compromise

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CM No.2714-C of 2012 in/and RSA No.2836 of 2008 -3-

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Annexure R-1/1. Consequently, the impugned judgment dated 22.04.2008 passed by the first appellate Court is set aside and the judgment and decree passed by the trial Court dated 30.03.2007 is restored. The suit filed by the plaintiff-Partap Singh seeking the relief of possession in respect to the suit property by way of specific performance of agreement to sell dated 20.02.1996 is dismissed.

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Regular second appeal is allowed in terms aforesaid.

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March 05, 2012 (TEJINDER SINGH DHINDSA) harjeet JUDGE

Om Dhara and Ors. v. Partap Singh and Ors.

Case brief

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Om Dhara and Ors. v. Partap Singh and Ors.

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