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SA/174/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 174 of 2009
=========================================
HASHMUKHBHAI
MAGANLAL MISTRI - Appellant(s)
Versus
PRAFULBHAI
GOVINDJI PATEL - Defendant(s)
=========================================
Appearance
:
MR
SK PATEL for Appellant(s) : 1,
MR JB PARDIWALA for Defendant(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 26/02/2010
ORAL
ORDER
1. Heard
learned advocates for the parties.
2. Following
substantial questions of law arise in this Second Appeal.
1. Whether
the learned Addl.Dist. and Sessions Judge at Navsari was right in
reversing the findings of the trial court in Special Suit No.86/2000.
2. Whether
the learned Addl. District and Sessions Judge at Navsari has erred in
not believing oral and documentary evidence produced by defendant on
the record?
3. Whether
learned Addl. Dist. And Sessions Judge at Navsari has committed error
of law and in facts in believing document of Exh.20 as genuine
document ?
4. Whether
the unregistered document is admissible in evidence particularly when
Section 49 of the Registration Act, 1947 prohibits the same.
5. Whether
the finding on issue no.1 framed by the Trial Court is vitiated in
law for being influenced by an error of record and misappropriation
and non-appreciation of evidence on record as to the proof of payment
by the Plaintiff under Ex.20.
6. Whether
the finding on issue No.4 framed by the trial Court is vitiated in
law for being influenced by an error of record and misappropriation
and non-appreciation of evidence on record as to free consent of the
defendant to the Ex.20 entitling the plaintiff to relief as granted
by the first Appellate Court in the suit for Specific Performance of
Contract.
7. Can
a decree of specific performance be passed on the basis of an
agreement which is prima facie suspicious and without free consent of
the parties.
8. Can
any relief be granted in the suit on the basis of a document which is
required to be registered under law, which is admittedly not
registered.
Hence, appeal
is admitted.
(S. R.
Brahmbhatt, J. )
sudhir
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