Kailash Chand v. Balbir Singh
Case brief
What is this about?
This appeal challenged the specific performance decree by the first appellate court. The High Court upheld the lower court's finding that the suit was within the three-year limitation period and that the defendant's admission of signatures proved execution.
What the court decided
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RSA No.5139 of 2016 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.5139 of 2016 (O&M) Date of Order:29th January, 2018
Kailash Chand
..Appellant
Versus
Balbir Singh ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Ashish Aggarwal, Sr. Advocate, with Mr. Parunjeet Singh, Advocate, for the appellant.
ANIL KSHETARPAL, J.
Defendant-appellant is in appeal against the judgment and decree passed by the learned first appellate court decreeing a suit for possession by way of specific performance of the agreement to sell dated 09.08.2005, filed by the plaintiff-respondent.
Issues for consideration
3 issues framed by the court
Whether the suit for specific performance was filed within the limitation period.
Whether the defendant's admission of signature amounts to admission of the document's contents.
Whether the Learned First Appellate Court erred in reversing the trial court's findings.
Parties & counsel
- appellant
Kailash Chand
- respondent
Balbir Singh
Coram
ANIL KSHETARPAL
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · January
- Registered
- Case no.
- RSA/5139/2016
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