Hariya And 6 Ors. vs Sh. Krishnapal And Another
2017 Latest Caselaw 7717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- SECOND APPEAL No. - 597 of 2014
 

 
Appellant :- Hariya And 6 Ors.
 
Respondent :- Sh. Krishnapal And Another
 
Counsel for Appellant :- Abu Bakht,Pramod Kumar Jain
 
Counsel for Respondent :- Bed Kant Mishra
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants, learned counsel for the respondent  and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. Whether in view of Section 20 and 21 of the Specific Relief Act the decree of specific performance being the discretionary relief court ought to have recorded finding as to what relief should be granted and as to whether the defendants will suffer hardship by grant of specific relief ?

2. Whether in view of Section 28 of the Specific Relief Act plaintiff having not complied with the direction given by the trial court in order dated 15.2.2011 there is a rescission of agreement ?

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, the effect and operation of the judgement and the decree passed by the courts below shall remain stayed.

Order Date :- 6.12.2017

Gss