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Sona Dwivedi vs. Bhera th. LR’s. & Ors.

44.00 4.40

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Specific Relief Act, 1963–Sec. 12–Suit for specific performance–Dismissal of–Averments in plaint up to effect that the possession was handed over to plaintiff yet the relief of possession was sought–Plaintiff failed to mention the event by which she purportedly lost the possession–Plaintiff herself was not examined in the evidence–Agreement Ex-2, does not bear the signatures of the plaintiff –No such averments which can clearly show that the fact of execution of the agreement was in exclusive knowledge of plaintiff–Affidavit of power of attorney holder was beyond the pleadings of the plaint and his evidence was in contradistinction to the averments of plaint–Contradictions in the statements of PW 1 & PW 2–Held, suit was rightly dismissed.