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TRIBHUVAN DAHIYA
Girdhari Lal (since Deceased) Through Lr Hari Narain – Appellant
Versus
Mittar Sain – Respondent
JUDGMENT
Tribhuvan Dahiya J. - For the reasons stated in the application, delay of 254 days in re-filing the appeal is condoned. This is the appellant-plaintiff's second appeal against the judgment of reversal.
CM-14451-C of 2014
RSA No.6067 of 2014 (O&M)
2. The appellant-plaintiff (hereinafter referred to as 'the plaintiff') filed a suit for specific performance of the agreement to sell, and, in the alternative, for the relief of recovery, on the pleadings that the respondent-defendant (hereinafter referred to 'the defendant) was owner of 1/5th share out of the 179/256 share (8 kanals 19 marlas), out of the land measuring 12 kanal 16 marla, as detailed and described in the head-note of the plaint, and as shown in the Jamabandi for the year 1998-99. The respondent-defendant was, therefore, owner of 1 kanal 16 marla share out of the said land, on the basis of sale deed No.2270 dated 08.08.1995. The defendant sold 01 kanal 0 marla of land, vide sale deed No.959 dated 07.05.2004, to the plaintiff. He also sold 0 kanal 51/2 marla of land vide another sale deed No.1193 to Smt. Sheela Devi. Therefore, the defendant was left with only 0 kanal 101/2 marla share in the suit property. It has fur
An agreement to sell must contain essential details to identify the property and be enforceable. The absence of such details renders the agreement unenforceable for specific performance.
Agreement to sell – A person who is not entitled to transfer any land agreement of same cannot be executed and consequently no specific performance of same can be enforced to execute sale deed.
A defendant who fails to file a cross-objection or cross-appeal against adverse findings in the trial court cannot challenge those findings in a second appeal to obtain a more favorable position than....
An agreement to sell must have clear and certain terms regarding the property involved; uncertainty renders the agreement void and unenforceable under the Indian Contract Act.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
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