Laddu Lal, Son Of Shri Chotu Lal ... vs Nand Pal Son Of Shri Chotu Lal Alias ...
2022 Latest Caselaw 5989 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 345/2022

Laddu Lal, Son Of Shri Chotu Lal Alias Chotya
                                                                   ----Appellant
                                   Versus
Nand Pal Son Of Shri Chotu Lal Alias Chotya & ors.
                                                                ----Respondents

For Appellant(s) : Mr. Ashwani Kumar Chobisa For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

29/08/2022

This first appeal has been filed under Section 96 of CPC read

with Order 41 CPC against the judgment and decree dated

28.03.2022 passed by District Judge (Family Court) Sawai

Madhopur in civil suit No.50/2017 whereby and whereunder his

civil suit for specific performance and permanent injunction and

cancellation of sale deeds dated 25.02.2015 and 16.10.2015 has

been dismissed.

Learned counsel for the appellant-plaintiff submits that the

valuation of first appeal has been made similar to the valuation of

the suit made before the trial court and the equivalent court fee of

Rs.62,125/- paid before the trial court, has been paid in the first

appeal.

In view of above, the defect pointed out by the Office is

waived.

Heard learned counsel for the appellant-plaintiff on

admission.

(2 of 2) [CFA-345/2022]

Counsel for appellant submits that appellant-Laddu Lal,

respondent No.1-Nand Pal and respondent No.5- Prabhu Lal are

sons of late Sh. Chotu Lal @ Chotya and have 1/3rd share of each

in the agricultural land. The respondent defendant No.1-Nand Pal

agreed to sell his 1/3rd share to the plaintiff through agreement

dated 28.11.1989. However, later on the respondent No.1 has

executed sale deeds dated 25.02.2015 and 16.10.2016 in favour

of other persons. Hence, the plaintiff instituted the present civil

suit for specific performance and for declaration of the subsequent

sale deeds dated 25.02.2015 and 16.10.2016 as null and void.

Heard.

Admit.

Issue notice to respondents.

Record of the trial court be summoned.

Stay application shall be heard after service of notice upon

respondents.

(SUDESH BANSAL),J

TN/37

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