Kodar Singh vs Jagannath
2022 Latest Caselaw 1695 MP

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                                             The High Court Of Madhya Pradesh
                                                       SA No. 535 of 2021
                                                           (KODAR SINGH Vs JAGANNATH AND OTHERS)

                                   Indore, Dated : 07-02-2022
                                            Heard through Video Conferencing.

                                            Shri Anendra Singh Parihar, learned counsel for the appellant.
                                            Shri Kapil Mahant, learned PL for the State.
                                            Heard on admission.
                                            This second appeal is admitted for adjudication of following substantial
                                   questions of law:-

                                            (1) Whether, the courts below erred in relying upon unregistered
                                   documents Ex.P/10 in decreeing the suit for specific performance of
                                   agreement dated 1.5.1995?
                                            (2) If no specific period is mentioned on an agreement then as per
                                   Article 54 of the Limitation Act, the starting point of limitation is after
                                   denial/refusal of such specific performance of contract and whether learned
                                   court was justified in entertaining time barred suit by overlooking and
                                   misinterpreting the provisions of Article 54 of the Limitation Act?
                                            (3) Whether, in the absence of specific statements/averment regarding

                                   Khasra Number under the oral partition, such decree of partition regarding
                                   specific Khasra can be passed by learned courts below?

                                            Learned counsel for the appellant prays for interim stay.
                                            Let notice be issued to the respondents on payment of PF within 7

days. Notices be made returnable within 8 weeks.

In the meanwhile, impugned judgment and decree passed by both the courts below shall remain stayed till the next date of hearing.

C.C. as per rules.

(ANIL VERMA) JUDGE

trilok Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.08 11:48:01 PST