LAWS(UTN)-2022-8-72

TEKCHAND BHATIA Vs. HARVANSH LAL BHATIA

Decided On August 22, 2022
Tekchand Bhatia Appellant
V/S
Harvansh Lal Bhatia Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is directed against judgment dtd. 14/2/2020 passed by learned Additional District Judge, Pauri Garhwal in SCC Revision No. 25 of 2019. By the said judgment, trial Court's order allowing petitioner's impleadment application, in a suit for specific performance, was set aside.

(3.) Respondent no. 1 filed a suit for specific performance of an oral agreement to sell against Madhav Mohan Ghildiyal (defendant) contending that, Power of Attorney Holder of defendant's grandfather, had entered into an oral agreement to sell in respect of an immovable property consisting of a house and open land for Rs.16,000.00, and in terms of such oral agreement, he had paid the entire sale consideration, however, due to death of Power of Attorney Holder, sale deed could not be executed. Respondent no. 1 had referred to certain cheques in the plaint through which he allegedly paid the amount of sale consideration.