DHAN PAL Vs. VIJAY PAL

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri Rahul Sahai learned Counsel for the appellant and Sri S. C. Mandhyan, learned Counsel for the ceveator/respondents.

(2.) COUNSELS for the respective parties have agreed that since all the requisite documents alongwith stay application are available on record, second appeal may be decided finally.

(3.) COUNSEL for the appellant pressed three substantial questions of law, which are quoted herein below : (1) Whether the defendant/appellant, belonging to a rustic background and virtually illiterate was entitled to the benefit which is available to a Pardanaseen lady and because of which the onus to prove due execution of the sale-deed lays upon the plaintiff/respondent? (2) Whether the lower appellate Court was justified in holding the comparative hardship is irrelevant and directed for specific performance of contract in contravention to Section 20 of Specific Relief Act, when to the contrary, the trial Court had dismissed the suit holding amongst others that the defendant/appellant would suffer greater hardship if specific performance of contract is directed? (3) Whether the lower appellate Court was justified in reversing the finding of the trial Court with regards to readiness and willingness when the trial Court had exclusive privilege to see and observe the demeanour of witnesses?