9911796707
TMI Blog2003 (8) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... Sureshta Bagga, Manoj Swarup, Lalita Kohli and Anbhav Kumar, Advs. for Manoj Swarup Co. ORDER 1. The Plaintiffs are in appeal before us. They filed a suit for specific performance of an agreement in respect of a land measuring 4 bighas 2 biswas out of Khasra No. 608. The Trial Court, in the light of the pleadings of the parties, raised several issues. Issue No. 7(A) dealt with as to whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... courts below. Hence this appeal. The learned Counsel for the Appellants strongly contended that all the courts committed an error in dismissing the suit of the Plaintiffs. According to him, from the suit agreement it is clear that the total area of land of in Khasra No. 608 is 12 bighas 1 biswas out of which, the Defendants agreed to sell only 4 bighas and 2 biswas. The property in question also i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts entered into between parties are not to be readily declared invalid for uncertainty or vagueness. 4. Looking to the facts of that case, as is clear from the description made in paragraph 8, the property was identifiable, which was marked as CXJK, on the basis of the material that was placed on record, including the report of the Commissioner. In the same judgment, in paragraph 7 it is stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in demarcating the share, the decree to the extent of his share can be granted and the property can be carved out by filing a suit for partition. 7. But the position in the present case is different; that a portion out of the total larger extent was agreed to be sold, but, without specification of the area agreed to be sold. It is clear from the suit agreement that no boundaries of the suit pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also taken a view that if the property itself cannot be identified, the relief of specific performance cannot be granted. 9. In these circumstances, and looking to the concurrent findings of fact recorded by the courts below, we do not find any merit in this appeal. The appeal is dismissed. No costs. 10. Mr. Dhruv Mehta, learned Counsel for the Appellants started his arguments at 10.55 a.m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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