NARENDRA KUMAR VYAS
Kundan Lal Patel, S/o. Late Yadu Lal Patel – Appellant
Versus
Subrat Bi, W/o. Late Karamat Khan – Respondent
JUDGMENT :
1. This is plaintiff’s first appeal against the judgment and decree dated 16.12.2013 passed by learned 3rd Additional District Judge of First Additional District Judge, Bilaspur, in Civil Suit No. 14-A/2012, by which the plaintiff suit for specific performance of contract dated 31.12.2019 has been dismissed and also prayer for declaring the sale deed dated 28.02.2011 executed in favour of defendant no. 5 to 7 to be declared as null and void has been rejected.
2. Brief facts reflected from the plaint are that the land bearing khasra no. 222/02 area .96 acres situated at village Pandhi P.H. No. 18, Revenue Circle Seepat, Tahsil Masturi, District Bilaspur is recorded in the name of defendant no. 1 to 4 (which in subsequent paragraph will be referred to as suit property). It has been contended that the suit property was inherited by defendants No. 1 to 4 from their ancestral Karamat Khan and they have full legal right to transfer the said property. It has been further contended that defendant No.1 for her family expenditure and for herself and her wards defendants No. 2 to 4, has executed an agreement on 31.12.2019 for sale of the property @ 5000 per dismal and after execution
Man Kaur v. Hartar Singh Sangha (2010) 10 SCC 512
Pt. Prem Raj v. D.L. F. Housing and Construction (Pvt) Ltd. And Anr AIR 1968 SC 1355
Ardeshir Mama v. Flora Sassoon 55 IA 300
N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao and Ors. (1995) 5 SCC 115
Umabai v. Nilkanth Dhondiba Chavan (2005) 6 SCC 243
Fateh Chand vs. Balkishan Dass
Kailash Nath Associates v. Delhi Development Authority and Anr. (2015) 4 SCC 136
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