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SANDEEP N. BHATT
L H of Decd. Sukhabhai Pistabhai Ahir – Appellant
Versus
Administrator And Elder Of Branch Of Decd. Koldhabhai Pistabhai Ahir – Respondent
JUDGMENT :
1. The present appeal under Section 100 of the Civil Procedure Code, 1908 (hereinafter referred to as “the Code”) is filed by the present appellants by challenging the judgment and decree dated 18.06.2013 passed in Regular Civil Suit No.59 of 2023 by the learned Principal Senior Civil Judge, Chikali, which was preferred for specific performance of the contract and declaration and injunction and the judgment and decree dated 02.01.2019 passed in Regular Civil Suit No.38 of 2013 by the learned 2nd Addl. District Judge, Navsari, whereby the same was dismissed by confirming the judgment of the trial court.
2. Brief facts of the case are as such that the plaintiffs Nos.1,2 are the successor and defendants of Pistabhai Mangabhai and Koldhabhai pistabhai being the elder son of the family has acted as a karta of joint family and in that capacity he and one person namely Bavlabhai Bodabhai (defendant No,2) has purchased a property bearing Block no.590, survey No.320, ofv illage Donja, Taluka: Chikhali, Dist : Navsari, from the predecessor of the defendant No,4, to, 7, the deceased Asmalji Fakir Lunat, in the years of 1965 out of the property plaintiff is concerned with the land adm
The burden of proof lies with the party claiming specific performance, and the evidence presented must be sufficient to establish legal rights and ownership of the property.
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
Unregistered agreements to sell do not confer legal rights without compliance with registration laws.
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
The court upheld the admissibility of historical tenancy documents under Section 90 of the Evidence Act, confirming the plaintiffs' rights over the land despite challenges regarding document validity....
The possession is a pure question of fact, and the findings of fact recorded by the lower courts cannot be interfered with unless they are based on no evidence or are perverse.
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
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