Jeet Kuar vs Mishri Lal - 2023 Supreme(All) 1696

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1696

J. J. MUNIR
Jeet Kuar – Appellant
Versus
Mishri Lal – Respondent

Advocates Appeared:
For the Appellant : Sri G.N. Verma, A.N. Verma, Omuir Babu, Vishnu Sahai.
For the Respondent: Sri S.N. Singh, Ashok Kumar Srivastava, R.N. Singh.

JUDGMENT :

1. This is a plaintiff’s second appeal arising out of a suit for specific performance of contract. The suit was decreed by the Trial Court, but the decree has been modified in appeal by the Lower Appellate Court, substituting the direction for specific performance with an order for refund of the admitted earnest.

2. By a registered agreement to sell dated 13.06.1974 executed by Mishri Lal in favour of Smt. Jeet Kaur, Jeet Kaur, the plaintiff, alleged that Mishri Lal had covenanted to transfer for a sale consideration of Rs.9000/- his one-fourth share in the property, subject matter of contract. The property, agreed to be sold in terms of the registered agreement dated 13.06.1974, shall be called hereinafter as ‘the suit property’. The details of the suit property are :

Sl. No.	Plot No.	Area	Location
1.	854	3 Bigha 15 Biswa 1 Biswansi	Village Bain Kalan, Pargana Gangeri, Tehsil Atrauli, District Aligarh
2.	856	14 Biswa 15 Biswansi	Do
3.	858-Ba	3 Bigha 13 Biswa 11 Biswansi	Do
4.	858-Aa	4 Biswansi	Do