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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Chhedan Prasad Sharma (C.P. Sharma) S/o Late Kunjlal Sharma (Ghughwa Wale) – Appellant
Versus
Vinod Agrawal S/o Late Chhaganlal Agrawal – Respondent
| Table of Content |
|---|
| 1. challenge to specific performance of contract. (Para 1 , 2) |
| 2. defendant's objection to plaintiff's performance. (Para 3) |
| 3. issues framed based on pleadings. (Para 4) |
| 4. arguments regarding trial court errors. (Para 5 , 6 , 7) |
| 5. state's role as formal party. (Para 8 , 9) |
| 6. admissibility of agreement raised. (Para 10 , 11 , 14) |
| 7. mandatory duty under indian stamp act. (Para 12 , 13) |
| 8. judgment set aside; matter remanded. (Para 15 , 16 , 17) |
JUDGMENT :
RAJANI DUBEY, J.
1. Challenge in this appeal is to legality and validity of the judgment and decree dated 7.3.2019 passed by learned III Additional District Judge, Durg in Civil Suit No.116A/2015 thereby decreeing the suit of the plaintiff/respondent No.1 for specific performance of contract. (For the sake of convenience, parties shall hereinafter be referred to as per their description before the learned trial Court).
2. Plaintiff Vinod Agrawal filed a suit for specific performance of contract with the averments that defendant No.1 Chhedan Prasad Sharma being in need of money contacted him and discussed for selling his land bearing Khasra No. 820, area 1.150 hectare, Village- Ghughwa, P.H.No.12. R.N.M. Bhilai-3, Tahsil Pa
The court must determine the admissibility of documents based on the stamping requirements before relying on them in judgments, failing which can constitute a material irregularity.
The plaintiff must demonstrate both readiness and willingness to perform a contract for specific performance, including financial capacity, and agreements must be duly stamped to be enforceable.
The court upheld that an agreement to sell not duly stamped is inadmissible in evidence, and emphasized the necessity of proving continuous readiness and willingness for granting specific performance....
(1) Agreement to Sell – Suit for Specific Performance must be dismissed when it is based on an instrument that is legally inadmissible as evidence – Plaintiff cannot claim relief on the basis of a do....
Point of law: In a case where plaintiff come forward to seek a decree for specific performance of a contract of sale of immovable property on basis of an oral agreement or a written contract, heavy b....
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
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