R.S.A. No. 1813 of 2007 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 1813 of 2007 (O&M) Date of Decision : 7.5.2009 Sarup Singh & another .......... Appellants Versus Sohan Singh & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. G.S. Nagra, Advocate for the appellants. Mr. S.S. Chandi, Advocate for respondent No.1. Mr. Sushil Bhardwaj, Advocate for Mr. Surinder Singh, Advocate for respondent No. 2. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgment and decree dated 13.1.2007, passed by the learned Courts below vide which suit filed by the plaintiff / respondents, for specific performance of agreement to sell dated 17.5.2002, in respect of land measuring 10 Kanal-11 Marlas, situated in village Seechewali, Tehsil Shahkot, District Jalandhar, was ordered to be decreed. Notice of motion was issued, on the plea raised by the learned counsel for the appellant, that the suit for specific performance was likely to cause hardship. The plea raised by the appellant / defendants was, that in R.S.A. No. 1813 of 2007 2 fact, this was a money transaction between the parties and agreement was executed as security for the loan advanced, and there was no intention to execute the agreement of sale. This Court was pleased to issue notice of motion. The parties have compromised. The written compromise has been placed on record, which is taken on record as Ex. A. The plaintiff / respondent is present in Court. He admits the factum of compromise and receipt of compensation as an alternative relief, to the suit for specific performance. He has also placed on record an affidavit admitting the due execution of compromise between the parties. The affidavit is taken on record as Ex. B. In view of the compromise Ex. A, this appeal is allowed, and the judgment and decree passed by the learned Courts below, is ordered to be set aside, and the suit filed by the plaintiff / respondent is ordered to be dismissed but with no order as to costs. 7.5.2009 ( VINOD K. SHARMA ) 'sp' JUDGE