PRADEEP Vs. OMPAL SINGH

JUDGEMENT

(1.) The present Second Appeal has been preferred by the defendant as against the judgement and decree rendered by the First Appellate Court of Additional District Judge/3rd Fast Track Court, Haridwar in Civil Appeal No. 50 of 2009, Ompal Singh and another vs. Shanti Devi and another, as well as against the judgement and decree dtd. 28/10/2009, as passed by the Civil Judge, Senior Division, Haridwar in Original Suit No. 126 of 2006 Ompal Singh and another vs. Shanti Devi and another. By virtue of the judgement put to under challenge, whereby both the Courts below have concurrently decreed the Suit for specific performance of agreement for sale dtd. 25/7/2006 as executed by Darshani Devi and had directed the judgement debtor i.e. defendant/appellant herein to execute the sale deed within the time period as provided in the decree itself. It is these two judgements which are being impugned and put to challenge by defendant/appellant on two limited specific questions, one pertaining to the implications of Sec. 20 of the Specific Relief Act, 1963, secondly, which is also in relation to the relief sought for in the plaint, which would entail an interpretation of Sec. 21(2) of the Specific Relief Act, 1963 which is the another substantial question of law, on which the present Second Appeal was instituted by the defendant/appellant, and as argued before this Court.

(2.) The Second Appeal in question came up for consideration before this Court at an admission stage on 10/2/2012, the coordinate Bench of this Court while admitting the Appeal has formulated the following substantial questions of law:-

(3.) Before venturing to answer the substantial questions of law, on which this Second Appeal has been admitted, it becomes inevitable to deal with the case as pleaded by the parties to the dispute before the Court below.