Dismissed

Feru Singh v. Smt.Rajwati

Allahabad HC10 Jul 2023A227/3755/2023

Case brief

AI extract

What is this about?

This writ petition challenged an appellate order dismissing an application to frame additional issues in a suit for specific performance. The High Court held that the trial court had already framed relevant issues covering fraud and forgery under the Specific Relief Act, rendering no interference necessary.

What did the court decide?

None. The petition under Article 227 was dismissed as no interference was required.

Feru Singh Vs Smt.Rajwati — Specific Performance | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135363

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 3755 of 2023

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Petitioner :- Feru Singh Respondent :- Smt.Rajwati Counsel for Petitioner :- Raj Kumar Dhama,Arun Kumar Tiwari Counsel for Respondent :- Kripa Shankar Prasad

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Hon'ble Jayant Banerji,J.

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The contention of the learned counsel for the petitioner is that in the suit for specific performance filed by the plaintiff-respondent, a specific defence was taken by the defendant-petitioner that the alleged agreement to sell was got fraudulently executed from the defendant-petitioner, as he had been told that it is a mortgage deed. It is stated that without recording such finding as is the mandate of Section 20 of the Specific Relief Act, the suit for specific performance has been decreed.

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Learned counsel for the respondent on the other hand has stated that in the civil appeal that was pending before the District Judge bearing Civil Appeal No. 4 of 2022, the defendant-petitioner had filed an application under the provisions of Order 14, Rule 5, Order 41 Rule 25 and Section 151 of CPC. It is further stated that the appellate court by the impugned order dated 14.7.2022 has observed that an additional issue was framed by the trial court on 23.11.2021 as to whether the document, alleged agreement to sell is forged, fraudulent and misleading and if yes, its effect. It is stated that therefore, the issue that was sought to be framed had in fact been framed.

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The objections raised by the learned counsel for the respondent appears to be correct. It appears that an application was filed in the court of District Judge, Baghpat in the aforesaid civil appeal under Order 14 Rule 5 read with Order 41 Rule 25 and Section 151 CPC

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seeking to frame two additional issues as under:-

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“7- कययवयददननवयदगसतभभदमकयबबनयमयपदतवयदनससअपनसपकममसमपयददत वपपजनककतकरयनसहसतभइचछछक, ततपरवतबययररहनहब? यददहयपततपभयव। 8- कययवयद- वयदननधयरय 20 दवदनददरषअनछततषअधधदनयमकसपयवधयननसस बयधधतहब? यददहयपततपभयव।" 4. The appellate court has rejected the application on the ground that a specific issue was framed that whether the suit of the plaintiff is barred by the provisions of Section 14 and 16 of the Specific Relief Act, 1963; and another issue that whether the document in question, the agreement to sell, is fabricated, fraudulent, forged and misleading, and if so, its effect. The appellate court was of the opinion that the issues sought to be framed by the application of the defendant dated 25.5.2022 already found place in the issues framed by the trial court.

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A perusal of the provisions of Section 16(c) and the un-amended provisions of Section 20 of the Specific Relief Act, 1963 reveals that the aforesaid two issues framed by the trial court that have been mentioned by the appellate court in its order impugned dated 14.7.2022, address the issues raised by the petitioner in the appeal.

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Under the facts and circumstances of the case, no interference is required in the matter and this petition is, accordingly, dismissed .

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Order Date :- 10.7.2023 sfa/

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(Jayant Banerji, J)

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Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad

Feru Singh v. Smt.Rajwati

Case brief

What is this about?

What did the court decide?

Feru Singh v. Smt.Rajwati

Case brief

What is this about?

What did the court decide?

What the court decided

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