Sona Dwivedi vs Lrs of Bhera - 2021 Supreme(Raj) 1735

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1735

ARUN BHANSALI
Sona Dwivedi – Appellant
Versus
Lrs of Bhera – Respondent

Advocates appeared:
Mr. Jhamak Lal Nagda, for the Appellant; Mr. Narendra Thanvi, for the Respondent.

JUDGMENT

1. This appeal is directed against the judgment & decree dated 22.08.2019 passed by the Additional District Judge No.5, Udaipur, whereby the judgment & decree dated 03.11.2015 passed by the Additional Senior Civil Judge No.2, Udaipur has been upheld.

2. A suit for specific performance of contract dated 29.07.1997 and possession was filed by the plaintiff - Smt. Sona against Bhera in relation to a plot situated at Revenue Village Manwakheda, Tehsil Girwa, District Udaipur. It was, inter-alia, claimed that the plot in question was agreed to be sold for a sum of Rs.45,000/-, for which part consideration of Rs.20,000/- was paid as advance and the sale deed was to be executed within three months. It was claimed that the plaintiff was ready and willing to perform her part of the contract and for the said purpose, she alongwith her husband and father, approached the defendant with the balance consideration and Rs.5,000/- for purchase of stamps and registration fees, however, the defendant failed to perform his part of the contract. Based on the said averments, the suit seeking specific performance of contract and possession was filed.

3. During pendency of the suit, defendant Bhera

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