Tshering Dorjee Lepcha vs Shri Chimbu Lepcha And Ors on 30 May, 2024
Reliance was
also placed on M/s Summit Online Trade Solutions (Pvt.) Ltd. and
2
Another vs. State of Sikkim and Another , Shri Bishnu Prasad Bhagat vs.
3
Shri Prakash Basnett , Taramani Devi Agarwal vs. M/s. Krishna
4 5
Company , Union of India vs. Ibrahim Uddin and Another and Sections
10, 16 and 17 of the Specific Relief Act and Section 55 of the
Transfer of Property Act, 1882 (hereinafter, the "TP Act") to fortify
the case of the Appellant. That, neither in their averments, nor in
their evidence have the Respondents No.1 and 2 denied the
execution of the documents and the contention that Tirtha Ram
Sharma was the actual vendee is an unproved allegation. That, the
transaction having been proved by the documents (supra), the suit
be decreed in favour of the Appellant in view of Order VI Rule 12 of
the Code of Civil Procedure, 1908 (hereinafter, the "CPC") and the
Judgment of the Learned First Appellate Court be set aside.