[2012(5) ADJ 18 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : S.U. KHAN, J.
Mst. JAMUNI (DECEASED) AND ANOTHER ....Appellants
Versus
RAM ADHARE AND ANOTHER ....Respondents
(Second Appeal No. 1239 of 1978, decided on 24th January, 2012)
Key Points: - The judgment addresses whether a suit for specific performance is barred under Section 16(b) of the Specific Relief Act when the plaintiff acted in fraud of the agreement and wilfully acted at variance with it (!) . - The court held that the plaintiff's actions constituted a subversion of the relation intended to be established by the agreement/contract (!) . - The plaintiff filed objections in proceedings for the grant of a bhumidhari sanad to deny the title of 'J', which was a key factor in the case (!) . - Substantial questions of law were decided against the respondents in this matter (!) . - The judgment refers to the Specific Relief Act, 1963 (Sections 16(1), 16(b), and 16(c)) and the Transfer of Property Act, 1882 (Section 41) (!) .
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