Kesharbai W/o. Late Chhotelal vs Lakhan Lal S/o. Bapulal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 441

PRANAY VERMA
Kesharbai W/o. Late Chhotelal – Appellant
Versus
Lakhan Lal S/o. Bapulal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Shri Harish Joshi.

JUDGMENT :

The learned counsel for the appellants is heard on the question of admission.

This appeal under Section 100 of the CPC has been preferred by the appellants/plaintiffs against the judgment and decree dated 20.12.2019 passed in Regular Civil Appeal 20-A/2017 and 21-A/2017 by the IInd Additional District Judge, Shujalpur, District Shujalpur arising out of the judgment and decree dated 10.08.2017 passed in Civil Suit No.136-A/2017 by the Ist Civil Judge, Class-II, District Shujalpur whereby their claim for specific performance of contract dated 18.04.1989 and for permanent injunction has been dismissed and the counter claim of defendant No.1/appellants has been decreed.

2. As per plaintiffs, Lakhanlal Nai, defendant No.1, was the owner of the suit land bearing survey No.454/3 area 0.418 hectare Gram Pipliya Nagar, Tehsil Kalapipal, District Shajapur. On 18.04.1989 he entered into an agreement with Chhotelal, husband of plaintiff No.1 and father of plaintiffs 2 to 7 for sale of the suit land in his favour at the rate of 2000/- per bigha. An agreement was also executed between them in that regard on 18.04.1989 upon payment of an amount of Rs.4000/- by Chhotelal to defendant No.1

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