Advocates:
['JITENDRA KUMAR', '', 'ASHU VERMA', 'ASHISH BAJPAYEE', '', 'ADYA PRASAD TEWARI', 'SHEO SHANKAR TRIPATHI']

A.F.R.

Court No. - 1

Case :- SECOND APPEAL No. - 1280 of 2018

Appellant :- Ramlata Singh

Respondent :- Arun Kumar Dubey And Another

Counsel for Appellant :- Jitendra Kumar,Ashu Verma

Counsel for Respondent :- Ashish Bajpayee,Adya Prasad

Tewari,Sheo Shankar Tripathi

Hon'ble J.J. Munir,J.

1.

The moot question involved in this second appeal is : Can

specific performance of contract relating to immovable property

be arbitrarily refused by the Court?

2.

The late Balji Dubey, father of the defendant-respondents,

executed a registered agreement to sell, covenanting to

transfer by sale land comprising Arazi No. 204 (M),

admeasuring 14 biswa and 15 dhur, out of the total area of the

plot admeasuring 3 bigha 5 biswa 15 dhur, situate at Mauza

Gothaura, Pargana Bhuili, Tehsil Chunar, District Mirzapur, in

favour of the plaintiff for a total sale consideration of

Rs.30,000/-. An earnest of Rs.15,000/- was paid at the time of

contract. The land contracted to be sold as aforesaid, shall

hereinafter be referred to as “the suit property”. The contract

was executed and registered on 29.06.1994. It was covenanted

in the suit agreement that the plaintiff would be entitle