2008 (12) TMI 836 - HC - Indian Laws

Summary

Issues Involved:
Plaintiff's second appeal challenging judgment and decree for specific performance of agreement to sell u/s 19.6.1992 for 1/3rd share of respondent in suit property.

Judgment Details:

Issue 1: Specific Performance of Agreement to Sell
- Plaintiff sought decree for possession of suit land through specific performance of contract of sale u/s 19.6.1992.
- Respondent contested suit, raising objections including bar of limitation, absence of locus standi, and unlawful nature of agreement.
- Respondent claimed ownership along with two sisters, denying being sole legal heir of father Chandgi Ram.
- Trial court initially dismissed the suit.
- Lower Appellate Court decreed suit for specific performance of 1/3rd share, as respondent sold entire share of father, not sisters.
- Plaintiff appealed for total specific performance, arguing respondent's representation as sole owner precludes wriggling out of promise.
- Court found respondent lacked authority to sell sisters' share, as property not exclusively in his name in revenue records.
- Respondent had no title to 2/3rd share, hence not competent to alienate it.
- Appeal dismissed, no substantial question of law found.

This summary provides a detailed overview of the legal judgment, highlighting the issues involved and the comprehensive details of the judgment for each issue.