Law: Specific Relief Act (I of 1877)

Section: 12,42

(a) Specific Relief Act (I of 1877)-------Ss. 42 & 12---Suit for declaration and possession through specific performance of agreement---Ownership of the vendor disputed---Claim of the plaintiff , relying on sale-deeds, was that he purchased the suit-house from of defendant /lady as she was its owner on the basis of a family partition and that the remaining defendants were bound to attest the sale documents---Suit was decreed in favour of the plaintiff as lady /defendant filed cognovit (consenting written-statement); other /contesting defendants filed revision as the District Court dismissed their appeal and maintained the judgment and decree passed by the Civil Court---Validity---Plaintiff / respondent in his suit, relying on the saledeeds allegedly made in the year 2014, wanted to justify that lady (defendant/ respondent) was also owner of the suit-house through family partition--Admittedly, the petitioners and lady /respondent, being legal heirs of their predecessor, became owner of the suit house, besides other property through inheritance mutation attested in the year 2015---Date of death of their predecessor had also not been mentioned in sale-deed and it had also not been brought on record as to how the alleged transaction was made when infact the inheritance mutation was attested long thereafter---Interestingly, in the case-inhand, the spondents (plaintiff and lady/defendant) had taken upon themselves initially the burden to prove about deed of family partition and also the sale deed exhibited by plaintiff---In case, the suit-house was the sole ownership of lady (defendant /respondent) through partition-deed then there was no need of insisting upon the petitioners/defendants for the execution of the exhibited sale deedor for paying them the alleged outstanding amount of Rs.30 Lac---In the sale -deed, allegedly, Rs.4,50,000/- was paid but ,admittedly, not to the petitioners but allegedly to the lady (defendant / respondent)---High Court set-aside the impugned judgments and decrees of the Courts below , consequently the suit filed by the plaintiff stood dismissed---Revision, filed by contesting defendants, was allowed accordingly.(b) Specific Relief…