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Punjab and Haryana HC ends 36-year wait, orders seller to honour 1990 property deal at original rate

Dispute ends as court rejects fraud claim, says buyer honoured his part of the bargain.

A bench of Justice Virinder Aggarwal ordered “specific performance” of the agreement, a legal remedy that means the seller must go ahead and complete the deal as originally promised, instead of merely paying compensation.File photo of the Punjab and Haryana High Court.

Bringing an end to a legal battle spanning more than three decades, the Punjab and Haryana High Court on Friday upheld orders directing the completion of a 1990 land deal, granting relief to the buyer after 36 years.

A bench of Justice Virinder Aggarwal ordered “specific performance” of the agreement, a legal remedy that means the seller must go ahead and complete the deal as originally promised, instead of merely paying compensation.

The bench dismissed the appeal filed by Desa Singh against Rawail Singh (since deceased, now represented through legal heirs). The court directed the appellant to execute the sale deed within one month of the buyer depositing the remaining payment in the trial court. If he fails to do so, the court can step in and get the sale deed executed.

The dispute dates back to May 28, 1990, when Desa Singh agreed to sell 8 kanals of land out of his holding of 10 kanals 12 marlas in Mukerian, Hoshiarpur district, to Rawail Singh for Rs 40,000. An amount of Rs 25,000 was paid upfront, with the sale deed to be executed by May 28, 1991.

According to the buyer, he appeared before the Sub-Registrar, Mukerian, on the agreed date with the balance amount, but the seller did not turn up. He later issued a legal notice fixing another date, but the seller again failed to appear, leading to a suit being filed in September 1991.

Desa Singh contested the claim, alleging the agreement was fraudulent and that the money was actually a loan with 12 per cent interest. He claimed the agreement to sell was fabricated and offered to return the money with interest instead of selling the land.

Both the trial court and the first appellate court ruled in favour of the buyer. In the high court, the seller tried to introduce fresh documents to argue that such agreements were often used as loan security.

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Rejecting this attempt, the high court said a party cannot introduce a completely new argument at such a late stage, especially when it was not part of the original defence.

On the key issue of whether the buyer had done his part, the court found his conduct consistent and credible. It relied on affidavits showing he was present at the Sub-Registrar’s office on both occasions, along with legal notices and postal records. The court also clarified that a buyer does not need to physically carry cash at all times; showing up with the ability and intention to pay is enough.

The case, filed in 1991 and reaching the high court in 1996, remained pending for decades. During this period, Rawail Singh passed away and his legal heirs continued the case.

The court has now directed the buyer’s side to deposit the remaining Rs 15,000 within two months. The seller or his legal heirs must then execute the sale deed within one month, failing which the court will ensure the transfer is completed. Costs have also been imposed on the appellant.

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

 

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