suit for specific performance based on unregistered agreement to sell maintainable
Citation
CDJ 2016 MHC 5946
Ponnammal vs K.V.Janarthanan
Head Note
Code of Civil Procedure, 1908 – Decree of specific performance and perpetual injunction – Validity of –Trial Court decreed suit filed by Respondent/Plaintiff for decree of specific performance in pursuance of sale agreement and also for relief of perpetual injunction -
Court Held – Trial Court after pondering available evidence on record has rightly decreed suit – In view of foregoing elucidation of both the factual and legal aspects, no valid ground to make interference with judgment and decree passed by Trial Court – Judgment and decree passed in suit by Trial Court are confirmed – Appeal dismissed.
(Para 29)
Cases Referred:
1. AIR 2015 SC 3389 (K. Nanjappa Vs. R.A. Hameed alias Ameersab)
2. 2013(2) SCC 606 (Gian Chand and brother Vs. Rattan Lal alias Rattan Singh).
Comparative Citations:
2016 (8) MLJ 361, 2017 (1) LW 120, 2016 (3) MWN(Civil) 718,
Court Held – Trial Court after pondering available evidence on record has rightly decreed suit – In view of foregoing elucidation of both the factual and legal aspects, no valid ground to make interference with judgment and decree passed by Trial Court – Judgment and decree passed in suit by Trial Court are confirmed – Appeal dismissed.
(Para 29)
Cases Referred:
1. AIR 2015 SC 3389 (K. Nanjappa Vs. R.A. Hameed alias Ameersab)
2. 2013(2) SCC 606 (Gian Chand and brother Vs. Rattan Lal alias Rattan Singh).
Comparative Citations:
2016 (8) MLJ 361, 2017 (1) LW 120, 2016 (3) MWN(Civil) 718,
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