Chandrapal & 4 Others vs Bala Prasad
2017 Latest Caselaw 7052 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1157 of 2017
 

 
Appellant :- Chandrapal & 4 Others
 
Respondent :- Bala Prasad
 
Counsel for Appellant :- Javed Husain Khan,Imran Khan
 
Counsel for Respondent :- Rajkaran Tripathi
 

 
Hon'ble Bachchoo Lal,J.

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

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

1. Whether the lower appellate court misread the evidence and failed to consider the material on record in granting the relief of specific performance as prayed for in the plaint ?

2. Whether in view of escalation of value of property grant of specific relief of performance would give unfair advantage plaintiff/ respondent whereas the performance of contract would involve great hardships to the appellant / defendant ?

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 decree dated 22.8.2017 passed by lower appellate court shall remain stayed.

Order Date :- 17.11.2017

Gss