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2002 Supreme(HP) 68

A.K.GOEL
ISHARI LAL – Appellant
Versus
SOLMA – Respondent


Advocates Appeared:
Bhupender Gupta, Sr. Advocate with Praneet Gupta, for Appellant; Swatanter Dixit, for Respondent.

JUDGMENT

1. This appeal was admitted on 1st January, 1998. Along with the appeal, following substantial questions of law were framed:-

1. When the land was granted a Nautor in the year 1973 under the old Nautor Rules, could the agreement to sell the suit land be contested by the Alignee on the ground that the same could not have been alienated by 20 years, when the said restriction was not applicable to grant the nautor in old Nautor Rules?

2. Whether the prohibition for alienating the land could be judicially presumed, when there was no evidence available on the record supporting the factum of prohibition of the alienation of the suit land?

3. Whether in a suit for specific performance when there is some restriction for alienation, could a decree of a specific performance be refused when on the date of passing of the decree no such restriction was operative?

4. Whether the learned Lower Appellate Court has wrongly rejected the discrimination of DW-2 who duly proved the execution of the Agreement by the defendant in favour of the plaintiff and also proving the sale consideration to be Rs. 85,000/- as contained in the Agreement, are not the findings of the learned Lower Appellate Court c











































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