The High Court dismissed the second appeal in a specific performance suit. The Appellant failed to prove that her thumb impression was taken on blank paper. The court affirmed lower courts' findings regarding readiness and willingness and noted no substantial question of law.
Second Appeal dismissed; Civil Application rejected.
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1
5 sa 67-15 with cas 1615-17-c
Priya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO.67 OF 2015 WITH
CIVIL APPLICATION NO. 1615 OF 2017
Sou. Parvati Dasu Thorat V/s.
Vitthal Sarjerao Jadhav ... Respondent
Mr.Ajay A. Joshi for the Appellant/Applicant. None for the Respondent.
CORAM : NITIN W. SAMBRE, J. DATED : DECEMBER 5, 2017.
P.C. :
a decree for specific performance of contract.
Priya 2 5 sa 67-15 with cas 1615-17-c
According to the Appellant he could be adequately compensated by asking payment of compensation, as out of total 90 R. land, 40 R land is ordered to be transferred in favour of the RespondentPlaintiff.
Priya 3 5 sa 67-15 with cas 1615-17-c
thumb impression was obtained on blank stamp paper, the burden was on the Appellant to prove the same to which she has failed to discharge.
Civil Application also stands rejected.
(NITIN W. SAMBRE J.)
…...
3 issues framed by the court
Whether the Appellant satisfied the burden of proving that her thumb impression was obtained on a blank stamp paper.
Whether the appellate court erred in confirming the decree for specific performance despite the Appellant's defence.
Whether substantial question of law could be noticed against the concurrent findings of lower courts.
1 provisions across 1 enactments
Sou. Parvati Dasu Thorat
Vitthal Sarjerao Jadhav
NITIN W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
