Smt. Latabai Wd/O Prabhakar Tumram And Others v. Chatrapal S/O Sahadeo Ghutke
sa246of18.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CIVIL APPLICATION 1302 OF 2018 IN SECOND APPEAL 246 OF 2018 (Smt. Latabai wd/o. Prabhakar Tumram & ors..vs.. Chatrapal s/o. Sahadeo Ghutke) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
--------------------------------------------------------------------------------------------------------------------------------- Shri. P.A. Markandeywar, counsel for applicants. None for non-applicants.
CORAM: ROHIT B. DEO, J.
DATE: 12 th MARCH, 2019.
CIVIL APPLICATION 1302 OF 2019 Heard.
Since the Second Appeal is admitted, it would be necessary to stay the effect and operation of the judgment in Regular Civil Appeal 52 of 2015.
However, the appellant is directed to deposit the amount of earnest of Rs.60,000/- in this Court within three months since the trial Court while refusing specific performance, directed the appellant - original defendant to refund the earnest amount.
Civil Application is disposed of in the aforestated terms.
SECOND APPEAL 246 OF 2018 Heard Shri P.A. Markandeywar, the learned counsel for appellant. None appeared on behalf of the respondent.
sa246of18.odt 2 Admit on the following substantial question of law: (i) Whether the plaintiff alienee has discharged the burden to plead and prove that Prabhakar Tumram entered into the agreement of sale for legal necessity? (ii) Whether the burden to plead and prove that Karta has entered into the suit transaction for legal necessity or the benefit of the family or estate was on the plaintiff - alienee?
(iii) Whether the appellate Court erred in granting specific performance and reversing the finding recorded by the trial Court that the agreement for sale was not for legal necessity?
JUDGE rsb