Punjab-Haryana High Court
Paramjit Kaur vs Nirmal Singh And Anr on 24 April, 2023
2023:PHHC:057114
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
103 RSA-884-2022 (O&M)
Date of decision : 24.04.2023
Paramjit Kaur
... Appellant
Versus
Nirmal Singh and another
.. Respondents
CORAM :HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present:- | Mr. Amaninder Singh Sekhon, Advocate for the appellant.
3K OK 3k
Anupinder Singh Grewal, J. (Oral)
The appellant/defendant has challenged the judgments and decrees
of the Courts below whereby the suit filed by the respondents/plaintiffs for
recovery has been decreed and the appeal filed thereagainst by the
appellant/defendant has been dismissed.
2. Learned counsel for the appellant submits that the
appellant/defendant was always willing and ready to perform her part of
agreement and the suit filed by the respondents/plaintiffs for recovery ought to
have been dismissed.
3. Heard.
4. The respondents/plaintiffs had filed a suit for recovery of
Rs.9,52,000/- on the agreement to sell dated 24.05.2012 (Rs.7 lacs as principal
amount and Rs.2,52,000/- as interest @ 1% pm) along with interest @ 1% per
month from the date of filing the suit till realization. The appellant/defendant
had entered into an agreement to sell on 24.05.2012 with the
respondents/plaintiffs for land measuring 14 kanals 19 marlas being 299/379
SONIA GUGNANI
2023.04.24 16:21
| attest to the accuracy and
integrity of this document
Chandigarh
2023:PHHC:057114
RSA-884-2022 (O&M) -2-
share of land measuring 18 kanals 19 marlas bearing Khewat No.163, 164,
khasra Nos.101/3-4, 112/3/4-15, 105/5-0, 108/3/6-0 as per jamabandi for the
year 2007-08 situated at village Hariyewala, Tehsil and District Faridkot @
Rs.20,70,000/- per acre. The target date for execution of the sale deed was
31.12.2012. The respondents/plaintiffs are stated to have appeared with balance
consideration at the office of Sub-Registrar, Faridkot but the
appellant/defendant did not turn up. The respondents/plaintiffs had also got
their presence marked by getting the affidavit attested from the Executive
Magistrate. The appellant/defendant without executing the sale deed had
entered into an agreement to sell with another person and had sold the suit land
to that person, namely, Kulwant Singh. The appellant/defendant had admitted
in her cross-examination that she did not get her presence marked before the
Sub-Registrar and had sold the land to DW-2 Kulwant Singh.
5. Consequently, I do not find any illegality in the judgments of the
Courts below decreeing the suit for recovery filed by respondent/plaintiff and
the appeal stands dismissed.
6. Pending application, if any, shall stand disposed of accordingly.
(ANUPINDER SINGH GREWAL)
JUDGE
April 24, 2023
sonia guenani
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
SONIA GUGNANI
2023.04.24 16:21
| attest to the accuracy and
integrity of this document
Chandigarh
