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MOHAMMAD RAFIQ
Subedar Kanwar Singh – Appellant
Versus
Harman Singh – Respondent
Mohammad Rafiq, J.—This is plaintiff’s first appeal directed against the judgment & decree dated 24.03.1990 of learned Additional District and Sessions Judge, Kishangarh Bas, District Alwar whereby, his suit for specific performance of the contract and perpetual injunction was dismissed. In the plaint, it was averred by the plaintiff that defendant No.1 was khatedar of land bearing Khasra No.34 measuring 3 bighas 12 biswas situated at Village Kirwari. He entered into an agreement with plaintiff on 01.07.1986 for sale of this land to him for consideration of Rs. 72,000/-. Defendant No.1 accepted Rs.16,500/- as advance money and delivered possession of the land to the plaintiff as part performance of the contract. Agreement to sale (Exh. 5) was reduced into writing on a stamp paper in the presence of witnesses and got attested by the Notary Public. Defendant No.1 also gave a receipt on the same document (Exh.5) and also signed both the documents. As per agreement to sale, defendant No.1 was required to get the registered sale-deed executed upto July, 1987. Plaintiff-appellant approached defendant No.1 many a time asking to execute the registered sale-deed but he refused to pe
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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