GOUTAM BHADURI, N. K. CHANDRAVANSHI
Ghanshyam Kishor Das (Dead) Through LRs. - Rajshree Devi, Wd/o. Late Shri Ghanshyam Kishor Das – Appellant
Versus
Nagarjuna Construction Company Limited Through Authorized Representative And Power Of Attorney Holder Shri Rohit Bhargava, S/o. Shri R. N. Bhargava – Respondent
Question 1? Question 2? Question 3?
Key Points: - The case concerns whether specific performance can be granted for sale of nazul land governed by Government Grants Act and Transfer of Property Act, including issues of title, State involvement, and genuineness of the sale agreement. (!) (!) (!) - The court held that no decree for specific performance can be granted where the vendor had no title at the date of the agreement and the land is nazul, with the State being the ultimate owner. (!) (!) - The award addresses unjust enrichment and restitution, directing restitution of Rs. 10 lakhs and imposing interest, with liability extending to the heirs of the vendor. (!) (!)
JUDGMENT :
(Goutam Bhaduri, J.)
1. Challenge in this appeal is to the judgment and decree dated 30-1-2017 passed by the Second Additional District Judge, Raipur, in civil suit No.5-A/2011 whereby the suit for specific performance was decreed in favour of the respondent/plaintiff. Being aggrieved by such judgment and decree, the present appeal is preferred by the defendants.
2. The facts, in brief, are that the plaintiff company entered into an agreement with Ghanshyam Kishor Das (since deceased), who acted on behalf of his mother Vijay Lakshmi Devi (defendant No.2) and sister Mahalaxmi Devi (defendant No.3) for sale of land admeasuing 2.45 acres (1,06,740 sq.ft.) which is a lease hold plot bearing No.1/2 situated at Western Civil Station 32, Chhui Khadan Bada, Raipur. The agreement was executed on 8-3-2005. The plaintiff agreed to purchase the suit property at the rate of Rs.320/- per sq.ft. and a sum of Rs.10.00 lacs was paid towards advance money by cheque and rest was agreed to be paid in 07 installments. Plaint averments show that the remaining amount was to be paid on information being given by the defendant about renewal of lease. It was further pleaded that the suit property
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