Taj Mohd vs Rahisan And Others
2022 Latest Caselaw 6300 P&H

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

108
                                           CR-1371-2019 (O&M)
                                           Date of decision: 06.07.2022

Taj Mohd.
                                                                   ...Petitioner

                                    Versus

Rahisan and others
                                                                 ...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Tushar Gautam, Advocate, for the petitioner.

Mr. Ashok Kumar Jindal, Advocate, for respondent no.1.

ANIL KSHETARPAL, J (Oral)

There is a joint decree against defendant no.1 and 2. The

plaintiff has been held entitled to recover the amount of sale consideration of

Rs.3,00,000/- along with expenses including stamp duty registration

charges etc. in respect of sale transactions along with interest @ 8% per

annum with effect from 04.07.2006 till its realization.

Judgement Debtor No.2 claims that he is liable to pay only the

proportionate amount. Once the decree is joint and several, the amount can

be recovered from one or both the parties. The Judgment Debtor No.2

cannot claim that he will only pay part thereof.

The second objection is with regard to cancellation of the sale

deed. The Court has already declared the same to be illegal. There is no

provision for getting the sale deed cancelled. It can only be declared illegal

by the Court which has already been ordered.

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 CR-1371-2019 (O&M)                                                -2-

Keeping in view the aforesaid facts, no ground to interfere with

the impugned order is made out.

Dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

July 06, 2022                                         (ANIL KSHETARPAL)
nt                                                          JUDGE

Whether speaking/reasoned               : Yes/No
Whether reportable                      : Yes/No




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