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J. B. PARDIWALA, R. MAHADEVAN
Jaichand (Dead) Through Lrs – Appellant
Versus
Sahnulal – Respondent
ORDER :
1. Leave granted.
2. These appeals arise from the judgment and order passed by the High Court of Chhattisgarh, Bilaspur in Second Appeal No.279 of 2011 dated 23 March 2021 by which the High Court allowed the second appeal filed by the respondents herein (original plaintiffs) thereby setting aside the judgment and order passed by the first appellate court and restoring the judgment and decree passed by the trial court in the civil suit instituted by the respondents (plaintiffs herein).
3. The facts giving rise to these appeals may be summarised as under:-
(ii) It appears from the materials on record that the parties entered into an agreement of sale with respect to the suit property bearing Khasra number 111/3 admeasuring 0.238 hectares situated in village Parsahi Tehsil District Bilaspur. The original defendant namely Juglal was the lawful owner of the suit property. He died during the pendency of the suit instituted by the plaintiff seeking specific performance of the contract based on an agreement of sale dated 28 April, 1996.
(iii) In the agreem
Second Appeal – Under Section 100, C.P.C., High Court cannot interfere with findings of fact arrived at by first Appellate Court which is final Court of facts.
Under section 100 CPC, after the 1976 amendment, it is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate....
(1) Sitting as a Court of First Appeal, it is duty of Appellate Court to deal with all issues and evidence led by parties before recording its findings.(2) For the purpose of passing decree for speci....
Readiness and willingness for specific performance inferred from substantial earnest payment, possession handover, pleadings and conduct; concurrent findings immune from interference in second appeal....
Unregistered agreements to sell do not confer legal rights without compliance with registration laws.
A second appeal under Section 100 of the Code of Civil Procedure requires the establishment of a substantial question of law, which was not present in this case.
The plaintiff must demonstrate readiness and willingness to perform a contract for specific performance, which was not established in this case.
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