& Others vs Ankush Gulati & Another
2021 Latest Caselaw 1893 UK

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                                  SA No. 54 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. Neeraj Garg, learned counsel for the appellant.

This Second Appeal is directed against the judgment and order dated 27.01.2021, passed by learned 5th Additional District Judge, Dehradun, in Civil Appeal No. 21 of 2014, Jitesh Kumar & others vs. Ankush Gulati & another, whereby regular first appeal of the plaintiffs/respondents against the judgment and orders dated 05.12.2013 and decree passed by learned Civil Judge (S.D.), Dehradun in OS No. 28 of 1995, Smt. Kaushlya Devi & others vs. Ankush Gulati & another has been set aside.

Heard.

Admit the Second Appeal on the following substantial questions of law:

"(I) Whether once relief in alternative for refund of money as sought by plaintiffs was granted, the appeal u/s CPC with respect to relief (a) in plaint was maintainable particularly in view of the provisions contained under section 22 (b) of Specific Relief Act, 1963, and was barred by principles of estoppels and acquiescence.?

(ii) Whether suit for specific performance of part of a contract at the behest of plaintiffs was maintainable in view of provisions contained under Section 12 of Specific Relief Act, 1963, and in the absence of any such stipulation in the contract dated 18.04.1991?

(iii) Whether in the absence of pleading and proof of continuous readiness and willingness of plaintiffs for performance of their part of contract, the specific performance of contract could have been enforced by learned lower appellate court in favour of plaintiffs in view of express bar contained u/s 16(c) of Specific Relief Act, 1963?

iv. Whether learned lower appellate court exceeded its jurisdiction in exercising discretion for decreeing specific performance of contract in facts and circumstances of the case ignoring the parameters laid down u/s 20 of the Specific Relief Act, 1963

v. Whether despite denial of relief of compensation/damages being relief b) in plaint to the plaintiffs, learned lower appellate court was justified and exceeded its jurisdiction in enforcing specific performance of contract in favour of plaintiffs, ignoring express bar created under Section 16 (a) Specific Relief Act, 1963."

Issue notice to the respondents. Steps be taken within seven days. List after notice is served to the respondents.

Summon the lower court record. Status quo over the property in dispute shall be maintained by both the parties, till the next date of listing. Stay application being IA No. 1 of 2021 stands disposed of.

(N. S. Dhanik, J.) 16.06.2021

Kaushal