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Shamsher Singh Vs. Rajinder Kumar [16/04/14]

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[Civil Appeal Nos.4597-4598 of 2014 arising out of SLP (C) Nos. 31491-31492 of 2012]. hese appeals have been preferred by the appellants (the original defendants) against the common Judgment and final Order dated 17th September, 2012 passed by the High Court of Punjab and Haryana at Chandigarh in RSA Nos. 2871 & 1543 of 2012. By the said impugned judgment, two separate RSAs filed by the appellants against the common judgment of First Appellate Court were dismissed by the High Court. The factual matrix of the case is as follows: The respondents (original plaintiffs) filed a suit for specific performance against the appellants herein alleging that an agreement to sell dated 3rd June, 2002 was entered between them with respect to the suit land. It was alleged that out of [pic]3,00,000/- (total agreed consideration), [pic]2,00,000/- had already been paid by the plaintiffs on 3rd June, 2002 and as per agreement, the balance amount were to be paid at the time of execution of sale deed, i.e. on 20th December, 2002. It was further alleged that later, the defendant-appellants became dishonest and wanted to sell the land to some other persons. Therefore, they had to file the suit.

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