Plank 2022. A single judge framed specific issues regarding a suit for specific performance filed by the plaintiff against defendants concerning a sale agreement and schedules
The court framed 6 issues and directed the registry to list the matter for continuation of trial with expeditious completion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.689 of 2022 in C.S.No.448 of 2011
V. BHAVANI SUBBAROYAN, J.
On perusing the pleadings and upon hearing the counsel on either side,
the following issues are framed for consideration in the suit for trial:
(i).Whether the plaintiff is entitled for filing the suit for specific performance in the Sale Agreement dated 09.04.2008 with respect to the Suit Schedule Property?
(ii).Whether the claim made by the plaintiff can be dismissed for non-joinder of necessary parties for not impleading other legal heirs as defendants in the suit?
(iii).Whether the plaintiff can rely on the Sale Deed dated 04.01.2011 executed by the First Defendant herein in favour of the Second Defendant is null and void and not binding on the Plaintiff herein?
(iv).Whether the suit can be made on unregistered sale agreement dated 09.04.2008 by first defendant mother and plaintiff fabricating the signatures of first defendant mother and first defendant.
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V. BHAVANI SUBBAROYAN, J.
pam
(v)Whether issuance of notice to the defendants before filing the suit against the defendants for claiming relief on specific performance.
(vi).To what other relief is the plaintiff entitled?
2.Registry is directed to list the matter before the learned Master for
continuation of trial. As the suit is of the year 2011, the learned Master to
complete the trial as expeditiously as possible.
17.03.2022
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A.No.689 of 2022 in C.S.No.448 of 2011
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3 issues framed by the court
Whether the plaintiff is entitled to file a suit for specific performance of a Sale Agreement dated 09.04.2008 for the Suit Schedule Property?
Whether the claim can be dismissed for non-joinder of necessary parties, specifically for not impleading other legal heirs as defendants?
Whether the suit can proceed on an unregistered Sale Agreement dated 09.04.2008 if it involves fabricating signatures?
V. BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
