Sajidul Hashmi vs The Managing Director M.P. State ...
2022 Latest Caselaw 1557 MP

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                                               The High Court Of Madhya Pradesh
                                                         SA No. 209 of 2021
                                            (SAJIDUL HASHMI Vs THE MANAGING DIRECTOR M.P. STATE EMPLOYEES RESIDENCE
                                                                    CORPORATION AND OTHERS)

                                   Indore, Dated : 03-02-2022
                                             Heard through Video Conferencing.

                                             Shri Murtuza Bohra, learned counsel for the appellant.
                                             Heard on admission.
                                             This second appeal is admitted on following substantial questions of
                                   law:-

                                             ( 1 ) Whether, both the judgments passed by the courts below are
                                   perverse to the facts and law on record?
                                             (2) Whether, both the courts below have erred in ignoring the fact that
                                   out of the allotted land only part of land was acquired by the railway authority
                                   and admittedly 10.620 hectares was still left as per the evidence on record?
                                             (3) Whether, both the courts below have erred in wrong appreciation of
                                   Section 12 of the Specific Relief Act and ought to have passed decree for
                                   part performance of contract in favour of the appellant?
                                             (4) Whether, both the courts below have erred in wrong application of

                                   Section 20 of the Specific Relief Act and has wrongly exercised discretion
                                   awarding refund of the amount?
                                             (5) Whether, the refund of the amount at the rate of 6 percent per
                                   annum is just and adequate compensation or it ought to have granted at a
                                   higher rate in the facts and circumstances of the case?


                                             Let notice be issued to the respondents on payment of PF within 7

days. Notices be made returnable within 8 weeks.

(ANIL VERMA) JUDGE Signature Not Verified SAN trilok

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.04 10:18:03 PST

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.04 10:18:03 PST