Dismissed

Lrs.of Vishu Lal v. Lrs.of Moti Lal

Rajasthan HC5 Feb 2015CSA/702/2011

Case brief

AI extract

What is this about?

In a second appeal regarding specific performance of a contract for sale of a house, the High Court of Rajasthan dismissed the appeal, holding that no substantial question of law arose. The court distinguished a connected judgment by observing that the present case involved no exchange of money, unlike the precedential case where a refund was ordered.

What did the court decide?

The appeal was dismissed with no costs.

Lrs.of Vishu Lal Vs Lrs.of Moti Lal — Specific Performance | Rajasthan HC (2015)

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S.B. CIVIL SECOND APPEAL NO.702/2011. LRs of late Vishnu Lal Vs. LRs of Moti Lal & Ors.

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Judgment dated 05.02.2015

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

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AT JODHPUR.

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:: JUDGMENT ::

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S.B. CIVIL SECOND APPEAL NO.702/2011.

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LRs of late Vishnu Lal Vs. LRs of Moti Lal & Ors.

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Date of Judgment :::: 5^th February, 2015.

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P R E S E N T

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HON'BLE Dr. JUSTICE VINEET KOTHARI

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Appearance:

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Mr. S.L. Jain, for the appellants-plaintiffs. Mr. L.K. Purohit, for the respondents-defendants.

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<<>>

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BY THE COURT :

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This second appeal is arising out of the judgment and decree dated 26.08.2006 passed by the learned Additional District Judge, Nimbahera, District Chittorgarh in Civil Appeal No .35/2005 “LRs of Vishnu Lal Vs Moti Lal (dead) through Bhagwati Prasad” who dismissed the appeal filed by the appellants-plaintiffs-LRs of Late Vishnu Lal Sushila and affirmed the judgment and decree dated 18.12.1998 passed by the learned Civil Judge (Junior Division), Chhoti Sadri, District Chittorgarh in Civil Original Case No. 67/1993 (117/1989) “Vishnu Lal Vs. Moti Lal” by which, the learned Civil Judge (Junior Division) had dismissed the suit filed by the original plaintiff-Vishnu Lal seeking specific performance of the contract

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S.B. CIVIL SECOND APPEAL NO.702/2011. LRs of late Vishnu Lal Vs. LRs of Moti Lal & Ors.

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Judgment dated 05.02.2015

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dated 09.12.1986 executed between the parties in relation to the suit property which is a house.

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The present second appeal has been filed by the present appellants, who are legal representatives of the original plaintiffVishnu Lal, against the concurrent rejection of their claim seeking specific performance of the contract in relation to the property, which is a house and which was agreed to be sold by the defendants under an agreement dated 09.12.1986 .

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The learned counsel Mr. L.K. Purohit appearing for the respondents-defendants submitted that the instant appeal is covered by the decision of this Court rendered in S.B. Civil Second Appeal No. 339/2007 : Smt. Sushila Bai W/o Vinay Chand Soni Vs. LRs of Bhagwati Prasad & Ors ., decided on 27.01.2015 in which, this Court held as under:-

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“5. Having heard the learned counsels for the parties and upon perusal of the impugned judgments and decree, this Court is satisfied that the following substantial question of law does arise for consideration in this second appeal:-

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“Whether the learned Courts below were justified in rejecting the claim of the plaintiff for specific performance of the contract and were erred in not granting money decree in lieu of specific performance for transfer of suit property ?”

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S.B. CIVIL SECOND APPEAL NO.702/2011. LRs of late Vishnu Lal Vs. LRs of Moti Lal & Ors.

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Judgment dated 05.02.2015

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6. By consent of both the learned counsels, this appeal is finally heard and is being disposed of by this order.

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7. As already observed, it is noticed that the plaintiff had proved the payment of Rs.5,000/- to the defendants, as against the total agreement amount of Rs.20,000/-, by entering into an agreement to sale of the house in question and, therefore, this Court is of the view that forfeiture of Rs.5,000/- cannot be allowed as there was no specific agreement to this effect and, therefore, the defendants are liable to refund Rs. 5,000/- with some interest to the plaintiff. In this view of the matter, the impugned judgments and decrees of both the Courts below are liable to be modified.

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8. Accordingly and in view of the discussion foregoing, to this extent the impugned judgments and decrees of the Courts below are modified and the present second appeal filed by the plaintiff-Smt. Sushila Bai is disposed of with a direction to the defendants to refund Rs. 5,000/ - with a lump-sum amount to Rs. 10,000 /- towards interest totalling to Rs.15,000/- to the plaintiff Smt. Sushila Bai within a period of three months from today. No costs. A copy of this order be sent to the parties and the learned Trial Court concerned forthwith. Decree be made accordingly.”

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S.B. CIVIL SECOND APPEAL NO.702/2011. LRs of late Vishnu Lal Vs. LRs of Moti Lal & Ors.

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Judgment dated 05.02.2015

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The learned counsel Mr. L.K. Purohit appearing for the respondents-defendants further submitted that in the present case, there is no exchange of money between the parties and, therefore, the directions, as made in the aforesaid connected similar case regarding refund of money, are not required to be made in the present case.

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The learned counsel Mr. S.L. Jain appearing for the appellants-plaintiff is not in a position to controvert the said submissions as made by the learned counsel Mr. L.K. Purohit appearing for the respondents-defendants.

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Accordingly and in view of the above, the present second appeal filed by the legal representatives of the original plaintiffVishnu Lal is dismissed as no substantial question of law arises in the present case. No costs. A copy of this order be sent to the parties concerned forthwith.

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(Dr. VINEET KOTHARI), J.

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/ 25 /

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/Mohan/

Lrs.of Vishu Lal v. Lrs.of Moti Lal

Case brief

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Lrs.of Vishu Lal v. Lrs.of Moti Lal

Case brief

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