RIKA RAM Vs. URJA RAM AND ORS.

JUDGEMENT

(1.) THIS Misc. Appeal filed by the defendants is arising out of the order dated 19.03.2015 passed by the learned Additional District Judge No. 6, Jodhpur Metropolitan, Jodhpur in Civil First Appeal No. 06/2013 "Urja Ram & Ors. v. Rika Ram" by which, the learned Additional District Judge No. 6, Jodhpur Metropolitan, Jodhpur had remanded the Civil Original Suit No. 12/2007 (70/2007) [Rika Ram v. Urja Ram & Ors.], seeking decree of specific performance of the contract, to the learned Trial Court.

(2.) THE suit for specific performance of the contract filed by the plaintiff was decreed by the learned Trial Court on 22.01.2013. However, on appeal by the defendants, the said judgment and decree dated 22.01.2013 was set aside and the suit was remanded back to the learned Trial Court directing the Trial Court to decide the suit again after framing of necessary issues and after taking necessary evidence to be led by the parties. The learned counsel Mr. Sugan Mal Parihar appearing for the appellant -plaintiff has relied upon the following decisions: -

(3.) ON the other hand, the learned counsel Mr. V.D. Gaur on behalf of Mr. O.P. Mehta submitted that the defendants had denied even the execution of the agreement dated 10.09.1998 and claimed by filing the written statement that they had taken Rs. 28,000/ - as a loan from the plaintiff by mortgaging the land and, therefore, without establishing the fact of execution of the agreement in question and without proving its validity, which were the mixed questions of facts and law in the present suit whereby, the plaintiff claimed that the agreement was executed in the year 1998 but on denial of the defendants to execute the sale deed, he has filed the suit in question in the year 2007. The learned counsel also submitted that the learned Trial Court had erred in decreeing the suit of the plaintiff whereas, the learned Appellate Court had justifiably remanded the case back to the learned Trial Court for deciding the suit after holding a fresh trial by framing necessary issues about the nature of agreement and readiness and willingness of the plaintiff and leading of the evidence by the parties.