Chunni Lal vs Kanta Bai
2023 Latest Caselaw 1481 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 247/2022

Chunni Lal S/o Shri Narayan, Aged About 93 Years, B/c Kumhar, R/o H.no. 5, College Road, Srinath Nagar, Tehsil Nimbahera, District Chittorgarh.

----Appellant Versus

1. Kanta Bai W/o Shri Dadam Chand, B/c Kumhar R/o Suthari Mohalla, Nimbahera, District Chittorgarh.

2. Banshi Lal S/o Shri Badri Lal, B/c Kumhar R/o Suthari Mohalla, Nimbahera, District Chittorgarh.

----Respondents

For Appellant(s) : Mr. Abhinav Jain

HON'BLE MS. JUSTICE REKHA BORANA

Order

07/02/2023

Heard.

The following substantial questions of law arise in the

present appeal:

"1. Whether the suit for specific performance of contract and permanent injunction was maintainable without a prayer for cancellation of the sale deed executed in favour of the appellant- defendant No.2?

2. Whether the learned Appellate Court has failed to take into consideration the ocular and documentary evidence in its right perspective in regard to possession, when self contradictory findings have been recorded while deciding issue no. 1 and 4?

3. Whether the relief of Possession could have been granted without the Respondent no. 1- Plaintiff having properly valued the suit and making good the court fee payable on the relief of possession?

4. Whether the Appellate Court failed to consider that the Plaintiff not only had to aver but to prove her readiness and willingness and in absence of any evidence thereto, relief for specific

(2 of 2) [CSA-247/2022]

performance could not have been granted in terms of Section 169(c) of the Specific Relief Act, 1963?"

Admit. Issue notice.

Notices be filed in two sets. On the same being filed, one set

be given 'dasti' to learned counsel for the appellant for service

through registered post acknowledgment due.

Notices be made returnable within a period of four weeks.

Meanwhile, the effect and operation of the judgment and

decree dated 22.09.2022 passed by the Additional District Judge

No.2, Nimbahera shall remain stayed.

(REKHA BORANA),J 27-AbhishekS/-

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