SUBHASH KHANNA Vs. GAURI DEVI RATHOD

JUDGEMENT

(1.) Heard respective counsels for the Plaintiff- Petitioner and the Defendants-Respondents. Pleadings have been exchanged and as agreed between the parties, this writ petition is being decided finally at the stage of admission itself.

(2.) The instant writ petition has been preferred by the Petitioner challenging the order dated 23rd August, 2010 (Annexure 3) passed by the Subordinate Judge-XI, Ranchi in Title Suit No. 151 of 1993. Original Title Suit No. 151 of 1993 was instituted for specific performance of an agreement of sale dated 7th September, 1990 in respect of the suit property for a total amount of Rs. 4,01,000.00 and earnest money of Rs. 2,70,000.00 was deposited. There was another agreement of sale dated 9th September, 1990 and the Plaintiff-Petitioner instituted a second suit being Title Suit No. 176 of 1993 for specific performance of the agreement of sale. Title Suit No. 176 of 1993 was contested by Supreme Court No. 9 on the ground that he was a minor on the date of execution of the agreement and, therefore, the agreement is not enforceable under the Contract Act and Title Suit No. 176 of 1993 was dismissed on this basis.

(3.) Mr. P.K. Prasad, learned senior counsel appearing on behalf of the Petitioner, has placed reliance on a decision of the Apex Court is Rajesh Kumar Aggarwal and Ors. v. K.K. Modi and Ors., 2006 4 SCC 385.