SUDESH BANSAL
Omkar – Appellant
Versus
Musadi Lal – Respondent
JUDGMENT
1. Appellant-plaintiff has filed this second appeal under Section 100 of Code of Civil Procedure assailing the judgment and decree dated 01.06.2019 passed in civil first appeal No.02/2016 by the Court of Additional District Judge, Bansur, District Alwar affirming the judgment and decree dated 27.05.2016 passed in civil suit No.35/2012 by the Court of Civil Judge, Bansur District Alwar whereby and whereunder the civil suit for specific performance and permanent injunction filed by appellant-plaintiff was dismissed.
2. Having heard learned counsel for appellant and on perusal of impugned judgments and record.
3. The relevant facts may be recapitulated as under:-
'3.1 Appellant-plaintiff instituted a civil suit for specific performance of contract and permanent injunction on 10.10.2012, on the basis of an agreement to sale dated 02.04.1982. It means the suit has been filed after expiry of near-about 30 years.
3.2 Plaintiff averred that he was in possession of lands in question from 1968 much prior to agreement to sale dated 02.04.1982.
3.3 Plaintiff averred that he issued a legal notice dated 13.09.2012 for getting the sale deed registered in compliance of agreement dated 02.04.1
Damodar Lal vs. Sohan Devi & Ors. reported in [(2016) 3 SCC 78]
Gurnam Singh & ors. vs. Lehna Singh reported in [(2019) 7 SCC 641]
Her Highness Maharani Shantidevi P.Gaikwad Vs. Savjibhai Haribhai Patel [(2001) 5 SCC 101]
K. Narendra Vs. Riviera Apartments (P) Ltd. [(1999) 5 SCC 77]
Narayanan Rajendran & Anr. vs. Lekshmy Sarojini & Ors. reported in [(2009) 5 SCC 264]
Ramathal vs. Maruthathal & ors. reported in [(2018) 18 SCC 303]
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