Single judge order allowing condonation of delay of 226 days for second appeal. The appeal against dismissal of a specific performance suit was dismissed as there was no illegality or perversity in the lower appellate court decree.
The bail application for condonation of delay was allowed; the second appeal was dismissed.
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.
RSA No.2722 of 2016 (O&M)
-1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2722 of 2016 (O&M) Date of Decision.17.11.2018
Surjit Singh
......Appellant
Vs
Kashmir Singh
...Respondent
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Randeep Singh, Advocate for the appellant.
-.-
AMIT RAWAL J. (ORAL)
C.M. No.7293-C of 2016
For the reasons stated in the application, delay of 226 days in filing the appeal is condoned.
Application is allowed.
RSA No.2722 of 2016
The appellant-defendant has not been successful in defending the appeal preferred by the respondent-plaintiff, who was not successful in seeking discretionary relief under Section 20 of the Specific Relief Act, in essence, the lower Appellate Court has decreed the suit.
The plaintiff instituted the suit for specific performance of agreement to sell dated 25.06.2008 in respect of land measuring 8 kanals 1 marla, agreed to be sold for a total sale consideration of 6,50,000/- per killa and alleged to have paid a sum of 5,60,000/- as earnest money. The stipulated date for execution and registration of the sale deed was fixed as 25.06.2009.
The defendant did not come forward to contest the suit.
PANKAJ KUMAR 2018.11.28 12:27 I attest to the accuracy and integrity of this document
RSA No.2722 of 2016 (O&M) -2-
The plaintiff examined Joga Singh Lambardar as PW1, Satnam Singh power of attorney holder as PW2 and Mohinder Singh as PW-3.
The trial Court noticing the fact that plaintiff did not step into the witness box, dismissed the suit, however, the lower Appellate Court as noticed above, has reversed the finding of the trial Court.
Learned counsel for the appellant-defendant submitted that in the absence of appearance of the plaintiff, finding of fact and law arrived at by the trial Court was most appropriate. Plaintiff has miserably failed to prove readiness and willingness, even if the defendant did not contest the suit, thus, there is illegality and perversity.
I have heard learned counsel for the appellant, appraised the paper book and of the view that there is no force and merit in the submission of Mr.Randeep Singh. There would have been a substance in the plea aforementioned, had there been a contest. The agreement to sell has been proved through the testimony of PW1 Lambardar but even the payment of earnest money, as indicated through the testimony of witnesses, aforementioned. The appellant could also have taken permission of the lower Appellate Court to file written statement in order to contest the suit but no such effort was made. In view of such position, the discretionary relief granted cannot be said to be faulted with.
As an upshot of my finding, I do not find any illegality and perversity in the judgment and decree rendered by the lower Appellate Court, much less, no substantial question of law arises for
PANKAJ KUMAR 2018.11.28 12:27 I attest to the accuracy and integrity of this document
RSA No.2722 of 2016 (O&M)
-3-
determination by this Court. No ground for interference is made out. Resultantly, the second appeal is dismissed.
| (AMIT RAWAL) JUDGE |
|
|---|---|
| November 17, | 2018 |
| Pankaj* | |
| Whether Reasoned/Speaking Yes |
|
| Whether Reportable No |
PANKAJ KUMAR 2018.11.28 12:27 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the present bail application for condonation of delay of 226 days in filing second appeal stands allowed or not.
Whether there is any illegality or perversity in the judgment and decree rendered by the lower Appellate Court in the specific performance of agreement to sell suit.
Whether the second appeal of the defendant stands dismissed.
Surjit Singh
Kashmir Singh
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
