HARDARSHAN SINGH Vs. KHUSHAL SINGH

JUDGEMENT

(1.) This is an appeal by the loosing defendant against a judgment of reversal. The suit has been decreed and the defendant called upon to execute sale deed by enforcing the agreement of sale of suit property.

(2.) On having appropriated the sale consideration of property agreed to be sold since 2004 from the respondent-plaintiff- the prospective vendee, the appellant-defandant cannot seek equity from this Court as it lies heavily against him in his resistance to the execution of sale deed by dishonouring the agreement of sale of the suit property.

(3.) Learned counsel cites on the three aspects he basis his case, that is, specific relief is discretionary jurisdiction; to permit an amendment of pleadings the relief should be within limitation and lastly the suit was barred under Section 41 (h) of the Specific Relief Act. In his support on the threefold submissions, the decisions of the Supreme Court are pressed into service in cases G.Jayashree and others v. Bhagwamdas S.Patel and others, 2009 AIR(SC) 1749; Mohammedia Coop. Building Society Ltd. v. Lakshmi S.Coop. Building Society Ltd. & Ors., 2008 7 SCC 310; T.L. Muddukrishana v. Smt. Lalitha Ramchandra Rao, 1997 2 RCR(Civ) 154 and the decisions of this Court in Arvind Kumar Sachdev and another v. Ajay Chaturvedi and others, 2016 181 PunLR 646; Ansal Buildwell Ltd. v. Mrs. Shalini Chhabra and others, 2012 166 PunLR 637 as also the judgment of the Allahabad High Court rendered in Shyamleela Development Pvt. Ltd. v. Dr. Anil Kumar Singh, 2012 16 RCR(Civ) 143.