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SUDESH BANSAL
Radha Kishan S/o Shri Ghasi Lal (Now deceased) through his Legal representatives – Appellant
Versus
State of Rajasthan through the Chief Secretary – Respondent
JUDGMENT :
1. Appellants-plaintiffs have preferred this civil regular first appeal under Section 96 of the Code of Civil Procedure, 1908, assailing judgment and decree dated 3.12.1990 passed in civil suit No.358/1987 by the Court of Additional District Judge No.2, Jaipur City whereby and whereunder civil suit for specific performance of contract and permanent injunction filed by appellants-plaintiffs has been decided in the manner that instead of decreeing plaintiffs’ suit for specific performance and issuing directions to respondents-defendants to execute and register the sale deed, pursuant to their decision dated 15/16th April, 1980, in respect of suit shop which is already in possession of plaintiffs, a decree against defendants to refund the full sale amount of Rs.46,441/- has been passed by the trial Court by its own and plaintiffs have been held entitled for interest thereupon at the rate of 12% per annum from the date of suit i.e. 18.10.1985 until payment.
2. The relevant facts of the case as culled out from the record are that plaintiffs instituted civil suit for specifi
A concluded contract for the sale of the shop in question had arrived at/ resulted in between the parties, although there was no written contract executed. The defendants could not take the plea of A....
(1) Grant of decree for specific performance is discretionary and equitable relief but such discretion is required to be exercised reasonably and according to sound principles of law.(2) Compliance o....
The appeal granted specific performance of a contract, confirming readiness and willingness of the plaintiff meets legal standards.
The main legal point established in the judgment is the requirement of proving the genuineness of the agreement for sale, the payment of consideration, and the plaintiff's readiness and willingness a....
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