2019 (1) TMI 1860

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.... Sapre, J. 1. This appeal is directed against the final judgment and order dated 08.01.2008 passed by the High Court of Madhya Pradesh at Jabalpur in F.A. No.808 of 2000 whereby the Division Bench of the High Court dismissed the first appeal filed by the appellant herein and affirmed the judgment and decree dated 31.08.2000 passed by the Additional District Judge, Harda in Civil Suit No.19A/ 97....

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....avin Prakash, learned counsel for the appellant and Mr. Sumit Kumar Sharma, learned counsel for the respondents. 7. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in this appeal. 8. In our considered opinion, the concurrent findings of facts recorded by the two Courts below on all the material issues are binding on this Court. It i....

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.... sale/purchase of the suit property; Second, whether the plaintiff has been ready and willing to perform his part of contract and whether he is still ready and willing to perform his part as mentioned in the contract; Third, whether the plaintiff has, in fact, performed his part of the contract and, if so, how and to what extent and in what manner he has performed and whether such performance was ....

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....ties in their respective pleadings and proved with the aid of evidence in accordance with law. It is only then the Court is entitled to exercise its discretion and accordingly grant or refuse the relief of specific performance depending upon the case made out by the parties on facts. 12. In the case at hand, we find that the two Courts below have gone into these questions in the light of pleadi....