Manoj Kumar & Another vs Rajpal Singh
2017 Latest Caselaw 6858 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- SECOND APPEAL No. - 1134 of 2017
 
Appellant :- Manoj Kumar & Another
 
Respondent :- Rajpal Singh
 
Counsel for Appellant :- Nipun Singh
 
Counsel for Respondent :- Virendra Kumar
 
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 a plaintiff has any right of appeal against the grant of alternative relief of refund in the suit for specific performance of a contract is granted by the trial court or as to whether the plaintiff still comes under the ambit of person aggrieved and has any locus to file appeal ?

2. Whether in the facts and circumstances of the case, non production of the attesting witness of the alleged agreement to sell, having found their names, mentioned in the list of witness, is fatal one against the plaintiff and on this ground alone, the suit of the plaintiff filed for the specific performance of a contract, is liable to be dismissed ?

3.  Whether in view of the facts and circumstances of the case, on account of the escalation of the price in relation to the property in dispute, a decree of specific performance, can be granted by the appellate court, particularly with the trail court had grated a relief of refund as an alternative relief sought by the plaintiff ?

4.  Whether the court can refused to grant the relief of specific performance of a  contract, which is a discretionary relief, even it is lawful to grant such relief ?

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 impugned judgement and order dated 24.7.2017 passed by lower appellate court shall remain stayed.

Order Date :- 14.11.2017/Gss