CODE OF CIVIL PROCEDURE

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Submission by:

T. Kranthi Kiran

18LLB127

Sec:B

Case Name: SUKHBIR SINGH &ORS VS BRIJ PAL SINGH & ORS

Citation: AIR 1996 SC 2510

Ques 1: What are the other issues that can be framed by the court?

(i) Whether the cancellation of agreement made by petitioners is valid in the court of
law?
(ii) Whether the intentional avoidance done by petitioners to execute sale deed in favor of
respondents can be beneficial in part of respondents to get order of specific
performance by court of law?
(iii) Whether the contemporaneous agreement of reconveyance is valid in the eyes of law?
(iv) Whether specific performance to execute sale deed in favor of respondents can be
ordered by court?

Ques 2: If the respondent due to unforeseen circumstances failed to attend before the Sub
Registrar office on specific day, is it a negative fact to prove their pleadings?

Ans: If the respondent due to unforeseen circumstances failed to attend before the Sub Registrar
office on specific day. Yes it is a negative fact to prove their pleadings because there was an
agreement between both parties. And the sale deed has to be executed and it should be registered
in sub-registrar office.

Ques 3: Mere presence at the Sub Registrars office is sufficient to prove the intention and
capacity of the party. Discuss.

Ans: According to the facts... When the petitioners had agreed to have the sale deed executed
and get it registered in the office of the Sub-Registrar at Muzaffarnagar on March 9, 1997, the
respondents kept waiting on that date for the petitioners to come and execute the sale deed but
the petitioners did not turn up. On an application moved by the respondents of their presence, the
Sub-Registrar had entered their attendance in his office register on March 9, 1997. Though the
respondents tried to reach out the petitioners on March 10, 1997 the petitioners intentionally
avoided to execute the sale deed in their favor.

This proves that Mere presence at the Sub Registrars office is sufficient to prove the intention
and capacity of the party. Here Respondents were present at the sub-registrar’s office and it is
sufficient to prove the intention, and also they have the capacity to pay the sale consideration.