RAJ KUMAR Vs. MANOJ KUMAR AND ORS.
LAWS(RAJ)-2018-5-165
HIGH COURT OF RAJASTHAN
Decided on May 15,2018

RAJ KUMAR Appellant
VERSUS
Manoj Kumar And Ors. Respondents

JUDGEMENT

PUSHPENDRA SINGH BHATI, J. - (1.) This writ petition has been preferred with the following prayers: "1. The order dated 29.03.2016 passed by the learned trial Court in Civil Original Suit No.87/2007 may kindly be set aside and the application filed by the plaintiff may kindly be rejected in toto. 2. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
(2.) The present controversy has arisen out of a suit for specific performance of contract and permanent injunction which came to be filed by the respondent No.1 claiming that there is a pattasud land under the ownership of Late Shri Bhanwar Lal admeasuring 400 sq. yards along with two constructed shops and boundary wall and the same came to be purchased by the plaintiff for a consideration of Rs.6 lacs vide agreement to sale dated 14.03.2005. However, the execution of sale deed was denied by the defendant No.1- petitioner.
(3.) The bone of contention in the present petition is the application preferred by the respondent-plaintiff under Section 39 of the Rajasthan Registration (Stamps) Act while praying that the plaintiff is ready to pay the stamp duty towards the said agreement to sale, with the further prayer that the said agreement to sale dated 14.03.2015 may be taken on record.;


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