BABU RAM KAUSHIK vs JASBIR SINGH AND ANR.

SARITA RANI 2026.05.14 14:06 I attest to the accuracy of this document/order RSA No.1083 of 2023 (O&M) 2026:PHHC:075383 dated 25.06.2010 and thereaer, sale deed stood executed in his favour through Court. 5. The learned trial Court, while appreciang the evidence led by the pares, held that execuon of agreement dated 24.06.2010 and receipt of earnest money stood proved, but declined relief of specific performance and instead granted alternave relief of refund of earnest money with interest. 6. The first appellate Court affirmed the afore-said findings. 7. Learned counsel for the appellant has argued that once execuon of agreement to sell in favour of the plainff stood proved, the Courts below ought to have decreed the suit for specific performance. It has further been argued that agreement in favour of defendant No.2 was subsequent in point of me and, therefore, no superior rights could accrue in his favour. Reliance has also been placed upon the principle of lis pendens and on the plea that the decree obtained by defendant No.2 is not binding upon the plainff. 8. I have heard learned counsel for the appellant and have gone through the judgments and record with his assistance. 9. A