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SOUMEN SEN, SIDDHARTHA ROY CHOWDHURY
Lakshmi Rani Dhar – Appellant
Versus
Falakata Industries Ltd. – Respondent
JUDGMENT :
Soumen Sen, J.
1. The appeal is arising out of a judgment and decree dated 19th October, 2006 passed by the learned Civil Judge (Sr. Div.), Jalpaiguri in a suit for specific performance filed by Falakata Industries Pvt. Ltd., (in short, “Falakata”).
2. Briefly stated, the plaintiff filed a suit for specific performance of a contract on the basis of Terms of a compromise forming a schedule to a compromise petition alleged to have been entered into in a previously instituted suit filed by Lakshmi Narayan Dhar, since deceased, against Falakata being O.C. Suit no.90 of 1997.
3. Falakata alleged that Lakshmi Narayan Dhar, (in short “Lakshmi Narayan”) filed a suit being O.C Suit No.90 of 1997 in the month of May, 1997 before the learned Civil Judge (Jr. Div.), Jalpaiguri against Ajit Kumar Agarwal &Ors. inter alia, praying for a decree for recovery of Khas possession against the defendants by demolishing their illegal structures from the suit land with other consequential reliefs. The plaintiff was the defendant no.3 in the said suit.
4. In the suit Falakata has alleged that on 28th May, 1997, on the basis of the terms of compromise as mentioned above, Falakata had paid to Lakshmi
A plaintiff may seek specific performance of contracts if time is not of the essence and valid amendments to pleadings do not alter the original cause of action established in a suit.
The burden of proof in cases of fraud and specific performance, the exercise of discretion under Section 20 of the Specific Relief Act, and the reversal of burden of proof in specific circumstances.
The burden of proving the execution of a document rests on the party asserting its existence. In this case, the plaintiff failed to discharge this burden, and the Court found the plaintiff's case to ....
The central legal point established in the judgment is the requirement of a genuine and valid agreement for specific performance, and the burden of proof on the parties to establish the authenticity ....
(1) Agreement to sell – Suit for specific performance – Purchaser who has paid full consideration and received original title deeds from seller would have taken possession under normal circumstances ....
The rights of the applicants to claim a share in the suit properties were preserved in the Compromise Decree, and the inter se controversy of alleged fraud entailed different pleadings.
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