Chad Singh vs Devi Lal (2025:Rj-Jd:519)
2025 Latest Caselaw 3751 Raj

Rajasthan High Court - Jodhpur

Chad Singh vs Devi Lal (2025:Rj-Jd:519) on 6 January, 2025

Author: Birendra Kumar

Bench: Birendra Kumar

[2025:RJ-JD:519]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Civil Second Appeal No. 131/2021

Chad Singh S/o Inder Singh, Aged About 60 Years, Chak 22
L.g.w., Tehsil Suratgarh, District Sri Ganganagar
                                                                       ----Appellant
                                       Versus
1.       Devi Lal S/o Rawta Ram, 15 S.g.r. Tehsil Suratgarh,
         District Sri Ganganagar
2.       Mahendra S/o Devi Lal, 15 S.g.r. Tehsil Suratgarh, District
         Sri Ganganagar
3.       Om Prakash S/o Devi Lal, 15 S.g.r. Tehsil Suratgarh,
         District Sri Ganganagar
4.       Khayali Ram S/o Devi Lal, 15 S.g.r. Tehsil Suratgarh,
         District Sri Ganganagar
                                                                    ----Respondents


For Appellant(s)             :     Mr. Rajender Kumar Soni
For Respondent(s)            :     Mr. Trilok Joshi



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

06/01/2025

1. Heard the parties.

2. The case of the plaintiff-appellant was that the plaintiff had

entered into an agreement to purchase certain immovable

property from the respondents. Later on, under a private

settlement, the parties agreed to sell off the reduced area. When

the sale-deed was not executed, the suit was brought, for specific

performance.

3. The learned trial Judge dismissed the suit and the First

Appellate Court dismissed the appeal, wherein, the trial Court's

judgment and decree was challenged.

[2025:RJ-JD:519] (2 of 2) [CSA-131/2021]

4. The appellant has raised following questions as substantial

questions of law for adjudication in this second appeal.

"(i) Whether the Ex.3 cannot be construed to be

part of the agreement to sale executed for 23

bighas of land?

(ii) Whether the possession of land measuring 3

bighas of Stone No.39/300 Killa No.2 to 4 has

not been handed over to the appellant?

(iii) Whether the appellant is not entitled for

specific performance of agreement to sale for

land measuring 3 bighas of Stone No.39/300 Killa

No.2 to 4?

(iv) That the appellant craves leave to add and

supplement more grounds at the time of

arguments ?"

5. None of the questions aforesaid are substantial questions of

law, rather, are mixed questions of law and fact.

6. At the stage of second appeal, this Court cannot look into

mixed questions of law and fact.

7. Hence, the instant second appeal stands dismissed being

devoid of any merit.

(BIRENDRA KUMAR),J 46-deep/-

Powered by TCPDF (www.tcpdf.org)