Bachharaj v. Surendra Kumar Rastogi and Another
Case brief
What is this about?
Second appeal; Section 100 CPC; substantial question of law; specific performance; registered agreement for sale dated 18.12.2013; sale of property to sister-in-law; fraud plea; illiteracy; signature on blank paper; ex-parte first appeal; direction to execute sale deed; refund of advance Rs. 50,000/- with 6% interest; Additional District Judge/F.T.C-1 Bahraich; Bachharaj v. Surendra Kumar Rastogi; Allahabad High Court, Lucknow Bench; Abdul Moin, J.; appeal dismissed.
What did the court decide?
The sole ground urged — that the appellant was illiterate and that the agreement dated 18.12.2013 was brought about fraudulently by taking his signature on blank paper — was held to be patently fallacious, because the appellant's conduct from the very beginning was itself suspicious: he entered the registered agreement on 18.12.2013 and shortly thereafter sold the disputed property to his sister-in-law.