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JASPREET SINGH
Budhai – Appellant
Versus
Bhupendra Vikram Singh – Respondent
JUDGMENT
Jaspreet Singh, J.
This is the plaintiff's second appeal being aggrieved against the judgment and decree of reversal dated 06th November, 1985 passed by the First Additional District Judge, Bahraich in Civil Appeal No. 7 of 1982 (Sri Ram Gopal v. Budhai and Another) whereby the defendant's first appeal was allowed and the judgment and decree passed by the Trial Court dated 30th November 1981 in Suit No. 222 of 1981 (Budhai v. Bhupendra Vikram Singh and Another) was set aside as a consequence the suit which was allowed by the Trial Court was dismissed by the Lower Appellate Court.
2. The instant second appeal was admitted by this Court on 07.12.1985, however, the substantial questions of law was not formulated. Later, this Court on 23.03.2023 had framed the following two questions of law arising in the instant second appeal.
The appellate court must respect trial court findings unless clear errors exist, particularly regarding the existence and terms of contractual agreements and the parties' readiness to perform.
Point of Law : Suit for specific performance and permanent injunction – Agreement of Sale - non mentioning of the correct survey number in the agreement of sale cannot be held to be due to inadverten....
The main legal point established in the judgment is that reliance on an unregistered document and failure to seek necessary reliefs can render a suit not maintainable.
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