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2017 (4) TMI 1395 - HC - Indian LawsSuit for specific performance - decree of suit - contract existed or not? - Section 100 of the Code of Civil Procedure, 1908 - Held that:- The appellant/defendant sought to argue that the subject agreement to sell is not a contract in the eyes of law, however, it is noticed that no such plea was raised in the trial court, no such issue framed and no such decision given by any of the two courts below, and therefore on a plea which is not raised a substantial question of law cannot be said to arise under Section 100 CPC - In any case, there is no dispute as to the identification of the suit property and the fact that receipt-cum-agreement to sell dated 22.1.2002 mentions the parties to a contract as also the entire sale consideration besides the mode and manner of payment with the balance payment liable to be made at the time of transfer of the title documents, and hence is a contract as required by law. No substantial question of law arises - appeal dismissed.
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