IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4132 OF 2008
MOHAN LAL APPELLANT(S)
RAM KANWAR (D) THR. LRS. & ANR. RESPONDENT(S)
O R D E R
This appeal has been filed against the judgment of
the High Court dated 11.09.2007 in Civil Revision No.1903
of 1994 by which judgment Civil Revision filed by the
appellant has been dismissed. The appellant had filed a
suit No.338/1982 for specific performance of contract
The appellant’s case was that he entered into an
agreement of sale with Raghubir Prasad, the defendant,
for a consideration of Rs.6000/-. An amount of Rs.200/-
was paid, as advance, at the time of agreement. Sale deed
was to be executed within 20 days and when sale deed was
not executed, suit has been filed. In the Trial Court
defendant appeared and filed a written statement. The
Trial Court framed six issues and while considering the
relief returned a finding that plaintiff failed to prove
that he was ready and willing to perform his part of
contract. The suit for relief of specific performance was
denied and the suit was dismissed. The Trial Court in
paragraph 18 of the judgment has considered in detail the
evidence and came to a finding that plaintiff was not
ready and willing to perform his part of contract. An
appeal was filed against the said judgment by the
appellant in which appeal the appellant did not bring on
record all the heirs of deceased except two sons who
themselves came forward and got impleaded.
The learned District Judge held the appeal to be
abated. The District Judge while abating the appeal has
noticed that even in the application filed by two sons of
deceased the details of all the heirs were mentioned,
still the appellant did not take steps for bringing legal
heirs on record. Against the judgment of District Judge,
abating the appeal, civil revision was filed which was
also dismissed by the High Court.
Learned counsel for the appellant submits that High
Court as well as the District Judge committed error in
dismissing the revision and abating the appeal and matter
ought to have been heard on merits. Learned counsel for
the appellant further submitted that the Trial Court
committed error in dismissing the suit and appellant was
entitled to address the Appellate Court on the merits and
satisfy the Court that he was ready and willing to
perform his part of contract.
We have considered the submissions of learned
counsel for the appellant and perused the record.
The suit was filed in the year 1982. The Trial Court
has noted that the property was given on rent by
defendant to other person with regard to which there was
another agreement. The possession was not with the
appellant or defendant and was with the third person. The
Trial Court, after considering the evidence available on
record, has categorically held that plaintiff had failed
to prove that he was ready and willing to perform his
part of contract, as required by Section 16(c) of the
Specific Relief Act. We are of the view that in the
present case it is not necessary for us to consider the
issues pertaining to abatement of appeal on the ground
that appellant did not bring on the record all the legal
heirs. The findings of Trial Court were well considered
and need no interference.
There is no merit in the appeal, which is
July 11, 2019
ITEM NO.103 COURT NO.12 SECTION IV
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Civil Appeal No(s).4132/2008
MOHAN LAL Appellant(s)
RAM KANWAR (D) THR. LRS. & ANR. Respondent(s)
(WITH IA NO. 55745/2008 (registered as I.A. No.3/2008 in CIS)
[APPLICATION FOR MODIFICATION /CLARIFICATION OF THE ORDER DATED
Date : 11-07-2019 This matter was called on for hearing today.
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE NAVIN SINHA
Mr. R.K. Kapoor, ADv.
Ms. Shweta Kapoor, Adv.
Mr. Rajat Kapoor, Adv.
Ms. Priya Pandey, Adv.
Mr. Anis Ahmed Khan, AOR
Mr. Siddharth Mittal, AOR
Mr. Parbhat Kumar, Adv.
UPON hearing the counsel the Court made the following O R D E R
The appeal is dismissed in terms of the signed order.
Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (RENU KAPOOR)
COURT MASTER (SH) BRANCH OFFICER
(signed order is placed on the file)