LAWS(ALL)-1980-9-59

BUDHOO TELI Vs. RAM SURAT TEWARI

Decided On September 15, 1980
BUDHOO TELI Appellant
V/S
RAM SURAT TEWARI AND ORS Respondents

JUDGEMENT

(1.) The suit of the Plaintiff Respondent for specific performance was dismissed by the trial court. This decree was reversed by the first court of appeal and in consequence the suit stood decreed. The defendent Appellant has now appealed to this Court.

(2.) The only question which has been urged in support of this appeal is that the plaint does not conform to the requirements of Section 16(c) of the Specific Relief Act, 1963, and should have been thrown out on that ground alone. The said provision of law in so far as it is relevant may now be read out:

(3.) In support of this contention the Appellants' counsel has referred to a number of decisions decided by this Court and also by the Supreme Court of India. The case cited by him shall be referred to later in this judgment.