Shadab Khan @ Sunny vs Mohammad Shahab Khan
2022 Latest Caselaw 2215 MP

                                                                           1
                                                The High Court Of Madhya Pradesh
                                                          SA No. 1189 of 2021
                                                         (SHADAB KHAN @ SUNNY Vs MOHAMMAD SHAHAB KHAN)

                                   Indore, Dated : 17-02-2022
                                            Ms. Sofiya Khan, learned counsel for the appellant.

                                            Heard on admission.
                                            This second appeal is admitted on the following substantial questions of
                                   law:-
                                            (1) Whether, the courts below erred in law in not passing a decree for refund
                                   of sale consideration in lieu of decree of specific performance in view of the

                                   judgment of Hon'ble Apex Court in the case of Sukhveer Vs. Ajit Singh (Civil
                                   Appeal No.1653/2021) as also in the case of Venkat Laxmi Vs. K. Raju and others
                                   [2019(5) SCC 49], when payment of sale consideration and execution of
                                   agreement was found proved?
                                            (2) Whether, the findings of lower appellate court that agreement to sell
                                   dated 25.9.2009 is inadmissible in evidence due to insufficiency of stamps on the
                                   agreement when such objection was not raised by the defendant at the time of
                                   marking of Exhibits in leading evidence?



                                            At this stage counsel for the appellant prays for interim stay.
                                            Considering the facts and circumstances of the case, till the next date of
                                   hearing both the parties are restricted from alienating the suit property or creating
                                   any third party right over the suit property.
                                            Let notice be issued to the respondent on payment of PF within 7 days.

Notice be made returnable within 6 weeks.

C.C. as per rules.

(ANIL VERMA) JUDGE

Signature Not Verified trilok SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.02.18 18:59:43 PST