Hari Chand v. Sudesh Bajaj And ORS.

RSA No.6041 of 2017 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.6041 of 2017 (O&M) Date of Decision.30.11.2018 Hari Chand ....Appellant Vs Sudesh Bajaj and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Mohan Singh Rana, Advocate for the appellant.

-.- AMIT RAWAL J. (ORAL) Concededly the defendant had cancelled the agreement and forfeited the earnest money vide legal notice dated 24.12.2007. The plaintiff simplicitor sought for specific performance of the agreement without assailing the cancellation, which is not maintainable, in view of the law laid down by Hon'ble Supreme Court in I.S. Sikandar through LRs Vs. K. Subramani and others 2014(1) RCR (Civil) 236. No explanation has come forward in not assailing the same except denial of the receipt of notice, which was sent by registered post.

The appeal is also accompanied by an application seeking condonation of delay of 137 days in filing of the appeal. The explanation lacks bona fides.

As an upshot of my finding, I do not find any illegality and perversity in the judgments and decrees rendered by the Courts below, much less, no substantial question of law arises for PANKAJ KUMAR 2018.12.01 10:46 I attest to the accuracy and integrity of this document

RSA No.6041 of 2017 (O&M) -2determination by this Court. No ground for interference is made out. The second appeal is dismissed both on the ground of limitation as well as on merit.

(AMIT RAWAL) JUDGE November 30, 2018 Pankaj* Whether Reasoned/Speaking Yes/No Whether Reportable Yes/No PANKAJ KUMAR 2018.12.01 10:46 I attest to the accuracy and integrity of this document