Punjab-Haryana High Court
Chanan Singh & Another vs Balkar Singh & Ors on 2 November, 2018
Author: Rekha Mittal
Bench: Rekha Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RSA No.5599 of 2014 (O&M)
Date of decision: 02.11.2018
Chanan Singh and others ... Appellants
Versus
Balkar Singh and another ... Respondents
CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL
Present : Mr. J.S. Bhatia, Advocate
for the appellants.
Mr. Anil K. Garg, Advocate
for the respondents.
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REKHA MITTAL, J. (Oral)
The present appeal directs challenge against concurrent findings recorded by the Courts whereby the suit for recovery filed by the respondents/plaintiffs on the basis of agreement of sale dated 15.02.2006 was decreed in part to the effect that the respondents/plaintiffs are entitle to recover Rs.13 lakh from defendants No.1 to 4, 6 and 7, jointly and severally. They were further held entitle to recover Rs.50,000/- from defendants No.2 and 8, jointly and severally.
The judgment and decree passed by the trial Court became subject matter of appeal preferred at the behest of Chanan Singh and others except Mohar Singh, defendant No.5, the appeal was dismissed and judgment and decree passed by the trial Court were affirmed.
1 of 2 ::: Downloaded on - 29-12-2018 11:23:58 ::: RSA No.5599 of 2014 (O&M) -2- Counsel for the parties, on instructions from Jagseer Singh on behalf of the appellants and Balkar Singh & Shiam Lal, the respondents/plaintiffs, would state that dispute between the parties has been settled by way of compromise and the appeal may be disposed of in the following terms:-
1. The respondents/plaintiffs shall be paid a sum of Rs.6.5 lakh in full and final settlement of their claim on the basis of agreement dated 15.02.2006 qua amount of Rs.13 lakh paid as earnest money and another Rs.50,000/- paid later in point of time.
2. The appellants shall deposit an amount of Rs.6.5 lakh with the trial Court within a period of two months from today.
3. In case, the appellants fail to deposit the amount within the stipulated period, the appeal shall be deemed to be dismissed and the respondents would be at liberty to execute the decree passed by the trial Court affirmed in appeal.
Disposed of accordingly.
02.11.2018 (REKHA MITTAL)
ashok JUDGE
Whether speaking/reasoned: Yes / No
Whether reportable: Yes / No
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