Bhururam S/O Mangalram Yadav ... vs Phool Chand S/O Shyolal
2022 Latest Caselaw 3879 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                 S.B. Civil Second Appeal No. 98/2022

Bhururam S/o Mangalram Yadav (Deceased) & Ors.
                                                       ----Appellants-Plaintiffs
                                      Versus
Phool Chand S/o Shyolal
                                                   ----Respondent-Defendant

` For Appellant(s) : Mr. Vinod Kumar Tamoliya For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

17/05/2022

Learned counsel for appellants-plaintiffs submits that

plaintiffs instituted a civil suit for specific performance of an

agreement dated 28.04.1988. The trial court vide its judgment

dated 05.09.2011 found the execution of agreement proved,

however, instead of granting decree for specific performance,

passed an order to get refund of the part of sale consideration

with interest.

In first appeal, the first appellate court quashed the decree

for refund and dismissed plaintiffs' suit as a whole.

Counsel for appellants submits that plaintiffs have produced

evidence to prove the execution of agreement, whatever evidence

was in their power and possession and it was not possible for

plaintiffs to produce two witnesses, of the agreement, who are

brothers of the defendant.

Both courts have committed illegality in disbelieving the

execution of the agreement. Counsel for appellants submits that

(2 of 2) [CSA-98/2022]

the possession of the property in question was transferred to

plaintiffs through this agreement.

Heard.

Issue notice to respondent.

Call for the record.

In the meanwhile, both parties shall maintain status quo in

relation to the property in question, as it exists today.

(SUDESH BANSAL),J

SACHIN/13

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