Surjeet Kaur, W/o. Late Baba Ajaib Das vs Nirankar Giri

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Jhk) 1190

IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Surjeet Kaur, W/o. Late Baba Ajaib Das – Appellant
Versus
Nirankar Giri – Respondent

Advocates Appeared:
For the Appellant : Mr. Avishek Chandra.
For the Respondents: Mr. Rohit Sinha.

Table of Content
1. suit filed for specific performance based on an agreement. (Para 2 , 4 , 5 , 6 , 7)
2. trial court found evidence insufficient for performance decree. (Para 10 , 11 , 12 , 13 , 14)
3. the appellate court must review trial court findings adequately. (Para 16 , 18 , 20 , 23)

JUDGMENT :

Learned counsel for the parties are present.

2. This second appeal has been filed against the judgment dated 15.10.2015 (decree signed on 03.12.2015) passed by learned District Judge-III, East Singhbhum, Jamshedpur in Title Appeal No. 41 of 2009 whereby the learned 1^st appellate Court allowed the appeal preferred against the judgment and decree dated 27.05.2009 (decree signed on 02.06.2009) passed by learned Sub-Judge-VI at Jamshedpur in Title Suit No. 68 of 2000. Title Suit No. 68 of 2000 was decreed in favour of the plaintiffs-appellants.

3. This appeal was admitted for hearing vide order dated 09^th May2024 on the following substantial questions of law:-

“I. Whether a proposed seller can take a plea of imperfect title on his part in the suit property, in a suit brought against him for specific performance of agreement of sale?

II. Whether first appellate Court has assigned the specific rea