R.S.A. No. 5063 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 5063 of 2010 (O&M) Date of Decision: February 4, 2011 Ranjeet Kaur and others …..Appellants Vs. Gurdeep Kaur and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Kuldip Sanwal, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) For the reasons mentioned in the application, the delay in refilling of the appeal is condoned. Application stands disposed of. The suit of the plaintiff- appellants for specific performance of an agreement of sale dated May 22, 1995 stands dismissed by the Courts below holding that the plaintiff- appellants by his own act and conduct is not entitled to the relief of specific performance of agreement. It has been held as a finding of fact by both the Courts below that the plaintiff- R.S.A. No. 5063 of 2010 (O&M) [2] appellants have failed to establish that they have got right of specific performance of agreement accruing from the terms and conditions of the admitted document i.e. agreement of sale Ex.P1. Counsel for the appellants has vehemently contended that once the agreement of sale has been admitted by the defendant- respondents it was incumbent upon the Courts below to decree the suit for specific performance regarding the part of the agreement which remained to be specifically enforced. After hearing counsel for the appellants and going through the judgments passed by the Courts below, this Court is of the opinion that no substantial question of law is involved in the case and on fair appreciation of evidence, the Courts below have opted to decline the discretionary relief of specific performance to the plaintiff- appellants. No ground is made out for interference in the judgments and decrees passed by the Courts below. Dismissed. February 4, 2011 (M.M.S.BEDI) sanjay JUDGE