ANIL KSHETARPAL,J. - (1.) By this judgment, Regular Second Appeals No.1511 and 3022 of 2019, arising from a common judgment and decree passed by the learned trial Court as well as by the learned first appellate court while deciding a suit for possession by way of specific performance of the agreement to sell shall stand disposed of. The parties to these appeal are being referred to as per their status in the suit.
(2.) Regular Second Appeal No.1511 of 2019 has been filed by defendant no.1 to 5, whereas Regular Second Appeal No.3022 of 2019 has been filed by the plaintiff. It may be noted here that defendant no.6 before the trial court as well as before the first appellate court was proceeded against ex-parte. In memo of parties of the Regular Second Appeal No.1511 of 2019, defendant no.6 has been impleaded as proforma respondent. Defendant no.6 is stated to be lessee of the land.
(3.) In the considered view of this court, the following substantial questions of law require adjudication:- (1) Whether denial of relief of specific performance of the agreement to sell on the ground that the suit was filed after a period of 6 years from the date of agreement is appropriate particularly when the payment of complete amount of sale consideration with delivery of possession stands proved and in the agreement there was no specific date or period for the execution of the sale deed? (2) Whether after novation of contract, the terms of previous contract, which stand superseded by a new contract, can be made basis to deny the relief of specific performance of the agreement to sell? ;