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NEUTRAL CITATION NO. 2026:MPHC-GWL:4584

1 FA-2015-2018

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 28 OF JANUARY, 2026

FIRST APPEAL No. 2015 of 2018

SANJEEV KUMAR GUPTA

Versus

SMT. FARMUDI BEGUM AND OTHERS

Appearance:

Shri K.N. Gupta - Senior Advocate with Shri Sanjay Kumar Dwivedi

and Ms.Suhani Dhariwal -Advocates for appellant.

Shei Raj Kumar Singh Paviya - Advocate for respondents1, 3 to 7.

ORDER

1. This first appeal under Section 96 of CPC has been filed against the

judgment and decree dated 04.07.2018 passed by Sixth Additional District

Judge, Gwalior, in RCSA No.22/2013, by which the suit filed by

appellant/plaintiff for specific performance of contract has been dismissed.

2. The facts necessary for disposal of the present appeal, in short, are

that plaintiff filed a suit for specific performance of contract in respect of

half part of Survey Nos.202, 203, 236, 775 and 776, situated in Village

Shankarpur, Ghatigaon, Tehsil and District Gwalior, on the basis of an

agreement to sell dated 07.12.2006, according to which 0.648 hectares of

land was agreed to be sold by the defendants. It is the case of the plaintiff

that the defendants have half share in the property in dispute. On 07.12.2006,

the defendants had agreed to sell the land at the rate of Rs.15,75,000/- per

Signature Not Verified

Signed by: AMAN TIWARI

Signing time: 11-02-2026

08:14:28 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4584

2 FA-2015-2018

bigha and, accordingly, an agreement to sell was executed. On the date of

execution of agreement to sell, an amount of Rs.3,00,000/- was paid in cash

and Rs.2,00,000/- was paid through cheque dated 07.12.2006. The amount

has also been transferred from the account of the plaintiff and, accordingly,

the defendants have already been paid Rs.5,00,000/- towards the agreement

to sell. It was agreed upon that after partition, if Survey No.775 falls within

the share of the defendants, then first of all the said survey number would be

sold to the plaintiff, and in case if Survey No.775 does not fall to the share of

the defendants, then the sale deed shall be executed as per the wishes of the

plaintiff. It was claimed that the plaintiff had requested the defendants to

carry out demarcation, etc., as well as for execution of the sale deed, but the

defendants were all the time avoiding to do the same. It was claimed that the

plaintiff is ready and willing to execute the sale deed after making payment

of the remaining consideration amount. It was also claimed that the plaintiff

has come to know that the defendants had already obtained the order of

partition by dated 30.03.2009 and, accordingly, the defendants have got

Survey Nos. 236 and 776 area 0.261 hectares and 0.648 hectares

respectively, situated in Village Shankarpur. The plaintiff is entitled to get

the sale deed executed in respect of the said land. The plaintiff has also come

to know that the defendants are trying to alienate the property at a higher

price to somebody else. The plaintiff had met the defendants for the last time

on 20.06.2010, but the defendants avoided execution of the sale deed and,

accordingly, a registered notice dated 23.06.2010 was sent to the defendants,

which has already been received by them. A wrong reply was sent by the

Signature Not Verified

Signed by: AMAN TIWARI

Signing time: 11-02-2026

08:14:28 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4584

3 FA-2015-2018

defendants on basis of false grounds and, accordingly, the suit was filed for

specific performance of contract and possession.

3. Defendants No.1 to 7 filed their joint written statement and claimed

that Ramsevak, Bharat Singh, Sikandar Singh, M.S. Bhagwati and Sunita

were the owners of Survey No.775, which has been sold by them by

registered sale deed dated 01.11.2004 to Smt. Uma Agarwal. Smt. Uma

Agarwal, by registered sale deed has sold Survey No.775 to Kishanlal,

Kanhaiyalal and Shrikrishna, and possession of the same has been handed

over to Kishanlal, Kanhaiyalal and Shrikrishna, w