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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Tulsi Ram Sahu (Died) Smt. Premin Bai W/o Tulsi Ram Sahu – Appellant
Versus
Nohar Singh Sonwani (Sahu) S/o Late Shri Krapal Singh Sonwani – Respondent
| Table of Content |
|---|
| 1. factual background regarding the civil suit filed. (Para 1 , 2 , 4) |
| 2. debate on the legitimacy of the contract and refund. (Para 3 , 5 , 6) |
| 3. court's evaluation of submissions and evidence. (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal analysis based on specific relief provisions. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 5. final ruling and order of the court. (Para 20 , 21) |
JUDGMENT :
PARTH PRATEEM SAHU, J.
1. Appellant/plaintiff has filed this appeal questioning the legality and sustainability of the impugned judgment and decree dated 10.01.2012, passed in Civil Suit No.48-A/2011, whereby learned 2nd Additional District Judge, Durg, District – Durg (C.G.) has partly allowed the suit filed by plaintiff/respondent No.1.
2. Facts relevant for disposal of this appeal are that plaintiff/respondent No.1 filed a civil suit for specific performance of contract with respect to the land bearing Kh.No.477/6 measuring area 0.072 hectares (18 dismil), situated at Village Kodiya, P.C. No.28, Rajendra Singh Mandal Village Anda, Tahsil and District Durg (C.G.) owned and possessed by deceased defendant No.1 Tulsiram pleading therein that on 14.06.2008, an oral agreement was entered into betwee
Relief of refund in specific performance cases must be specifically claimed in the plaint, or it cannot be granted by the court.
Point of Law : Agreement of Sale - On the basis of such admission, though the Court denied the specific performance, has granted relief of recovery of such amount from the defendant.
The plaintiff must demonstrate continuous readiness and willingness to perform a contract for specific performance; failure to do so justifies dismissal of the suit.
(1) Agreement to Sell – Suit for Specific Performance – Plaint may be amended at any stage of proceedings to enable plaintiff to seek alternative relief, including that of refund of earnest money and....
The court clarified that under Section 20 of the Specific Relief Act, discretion to deny specific performance must be based on clear evidence of hardship, which was not presented by the defendants.
A money decree cannot be granted when a sale agreement is found non-genuine; it changes the nature of the claim to a loan recovery without proper pleadings.
Point of law; Court cannot refuse the relief of specific performance of contract without assigning good and cogent reasons there for
Agreement to Sell – Payment of any specific amount by way of advance sale consideration must find written endorsement in the agreement.
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