Second appeal challenging rejection of counter-claim for specific performance due to statutory bar on alienation of State of Punjab land for 20 years under Punjab package Deal Properties Rules.
Nothing. The second appeal was dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2434 of 2013 (O&M) Date of decision:16.05.2014
Mangal Singh
....Appellant
Versus
Kulwant Singh and another
....Respondents
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:Mr. A.S.Manaise, Advocate for the appellant.
RAKESH KUMAR GARG, J (ORAL)
This is defendant's second appeal challenging the judgments and decrees of the Courts below, whereby his counter claim for specific performance of the agreement to sell dated 20.05.1999 has been declined and the alternative relief of recovery has been passed in his favour. Admittedly, the land in question had been purchased by the plaintiffrespondent from the State of Punjab under the Punjab package Deal Properties (Disposal) Rules, 1976. There is a bar under Rule 8 of the said provisions for alienating such land for a period of 20 years.
In view of the aforesaid bar which is statutory, no interference is warranted in the discretion exercised by the Courts below under Section 20 of the Specific Relief Act.
No substantial questions of law, as raised, arise in this appeal.
Dismissed.
(RAKESH KUMAR GARG) JUDGE
May 16, 2014 savita
Kadian Savita 2014.05.19 11:27 I attest to the accuracy and integrity of this document High Court Chandigarh
Kadian Savita 2014.05.19 11:27 I attest to the accuracy and integrity of this document High Court Chandigarh
3 issues framed by the court
Whether the courts below could exercise discretion to grant specific performance despite the statutory bar on alienation in the Sale Agreement.
No issue
No issue
2 provisions across 2 enactments
Mangal Singh
Kulwant Singh
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
