Dheeraj Developers Private Limited vs Om Prakash Gupta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(SC) 194

KURIAN JOSEPH, ROHINTON FALI NARIMAN
Dheeraj Developers Private Limited – Appellant
Versus
Om Prakash Gupta – Respondent

JUDGMENT :

Kurian, J.

1. We have heard learned counsel for the parties.

2. Delay condoned.

3. Leave granted.

4. By the impugned judgment, the High Court in First Appeal, against the judgment dated 8th April, 2005 in Civil Suit No. 93A/1996 (renumbered Civil Suit No. 20A/2001; 6A/2003) on the file of the VIII Additional District Judge, Gwalior, reversed the decree for specific performance.

5. The Trial Court had framed the following issues :-

S. No.	ISSUE	CONCLUSION
1.	Whether defendant No.1 executed agreement to sell of suit land in favour of plaintiffs in the year 1975?	Unproved
2.	Whether defendant No.1 had executed fresh agreement to sell of suit land in favour of plaintiffs on 15.1.1989 as prices of suit land had risen and a mutual compromise had arrived between plaintiffs and defendant No.1?	Unproved
3.	Whether plaintiffs are entitled to get the sale deed of suitland 5 Bigha having satiated the sum of Rs. Two lakh Eighteen thousand to defendant No.1 according to the agreement to sell dated 15.01.

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2016 Supreme(SC) 194

KURIAN JOSEPH, ROHINTON FALI NARIMANDheeraj Developers Private Limited – AppellantVersusOm Prakash Gupta – Respondent

KURIAN JOSEPH, ROHINTON FALI NARIMAN
Dheeraj Developers Private Limited – Appellant
Versus
Om Prakash Gupta – Respondent