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2015 (8) TMI 1452 - HC - Indian LawsSuit for Specific Performance - Whether the opinion recorded by the trial Court that the suit agreement being unregistered document, relief of specific performance cannot be granted to the plaintiff, is correct? Held that:- The plaintiff has been non-suited only on the ground that the suit agreement being unregistered document was inadmissible in evidence and, therefore, decree of specific performance on the basis of such agreement cannot be granted. This view taken by the Trial Court is in the teeth of the exposition of the Supreme Court in the case of S. Kaladevi Vs. V. R. Somasundaram and others [2010 (4) TMI 1184 - SUPREME COURT], where it was held that when an unregistered document is tendered in evidence, not as evidence of a completed sale, but as proof of an agreement of sale, the deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale under the proviso to Section 49 of the Act of 1908 - the said opinion of the trial Court reversed and as a necessary corollary decree the suit in its entirety by granting relief of specific performance to the appellant as prayed. Whether the respondents/ defendants can be permitted to question the finding of fact recorded by the trial Court on other issues? - Held that:- In absence of challenge to the said findings, it is not necessary for us to examine the matter any further. In any case, the finding of fact recorded by the trial Court on the said two crucial issues, is founded on cogent evidence as analyzed by the trial Court including the defendants having questioned the agreement only on the quantum mentioned therein and not on any other count. Accordingly, those findings will have to be affirmed and it will have to be held that those issues have been correctly answered by the trial Court. The suit deserves to be decreed in its entirety by granting relief of specific performance as claimed by the appellant/plaintiff - the impugned judgment and decree passed by the trial Court is quashed and set aside.
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