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PRAKASH GUPTA
Ganesh – Appellant
Versus
Laddu – Respondent
JUDGMENT
1. This Civil Second Appeal under Section 100 CPC has been filed by the appellants-plaintiffs (for short, 'the plaintiffs') against the judgment and decree dated 25.4.2017 passed by Addl. District Judge, Lalsot, Distt. Dausa (for short, 'the first appellate court') in Civil Regular Appeal No. 24/2016, whereby the first appellate court allowed the appeal filed by the respondent- defendant no.1 (for short, 'the defendant') and set-aside the judgment and decree dated 14.10.2016 passed by Senior Civil Judge, Lalsot, Distt. Dausa (for short, 'the trial court') in Case No. 127/2012 (69/2006) decreeing the plaintiffs' suit for specific performance of the agreement and permanent injunction.
2. Facts of the case are that the plaintiffs filed a suit for specific performance of the contract and permanent injunction against the defendants, wherein it was averred that the defendants no. 1 and 2 are having equal half share in land bearing khasra no. 71/1 (amended khasra no. 165/71) admeasuring 19 bigha 11 biswa situated in village Biharipura, Tehsil Lalsot, Distt. Dausa. The defendants entered into an agreement to sell dated 18.4.1988 with the plaintiffs for selling one bigha of land out
The requirement to produce attesting witnesses to prove the validity of an alleged agreement to sell and the importance of timing in relation to the filing of a suit for specific performance.
Point of Law : Plaintiff was never in possession of the subject property and it was in the exclusive possession of the defendants.
The trial court exceeded its jurisdiction by passing a decree for land not claimed by the parties, necessitating remand for fresh adjudication.
The presumption of validity of a registered agreement for sale cannot be rebutted without substantial evidence, and the burden of proof lies on the party challenging it.
The sufficiency of evidence to prove the execution of an agreement to sell and discrepancies in possession and execution of the agreement are crucial in specific performance cases.
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