Professional Documents
Culture Documents
in a suit for Specific performance of Contract
1. Whether the Plaintiff proves that the Defendant executed
the sale dated 2162006, agreeing to sell to the Plaintiff
the suit schedule property for a consideration of
Rs.1,00,000/?
(This issue arises where it is the case of the Plaintiff that the
Ist Defendant, after executing the sale agreement in respect of
suit property, sold the same to 2 nd Defendant and the latter
purchased it form the former with due notice of the said sale
agreement).
(Where the defence of the Defendant is that the Plaintiff
himself was never ready and willing to perform his part of
the contract)
(Where the defence taken by the Defendant is that he
executed the agreement of sale as security to the loan
transaction)
OR
6. Whether the Defendant proves that the Plaintiff has
created the sale agreement dated 2162006 by playing
fraud and misrepresentation on him and thereby converted
the loan transaction into a sale agreement?
(Where the defence is that the Plaintiff practiced fraud on
the Defendant in getting the agreement of sale executed by
him)
OR
7. Whether Defendant proves that the signatures in the said
sale agreement purporting to be his signatures are forged
ones?
(Where the defence of the Defendant is that he did not
execute the alleged sale agreement and that the signatures
thereon purporting to be his signatures are forged ones.)
8. Whether the suit is barred by limitation?
(Where the defence of the Defendant is that the Plaintiffs suit
is barred by limitation)
9. Whether Defendant No.2 proves that he purchased the suit
property from Defendant No.1 for valid consideration
without notice of the said sale agreement?
12. What decree or order?