Ranjitbhai Jagubhai Kaliya Power of attorney ( vs Gitaben Pareshbhai Patoliya Advocate - J L THUMMAR — 45/2023

JudegementView PDF

JudegementView PDF

Summary of Case 45/2023 - Principal Civil Court, Bhesan Key Facts: The plaintiff (Ranjitbhai Jagubhai Kaliya) sought specific performance of a land sale contract involving agricultural property in Bhesan, Gujarat. The property was valued at Rs. 15,00,000 with an agreed earnest money of Rs. 7,50,000. The defendants (Gitaben Pareshbhai Patoliya and others) executed a registered sale deed transferring the property to a third party (Bhavnaben Kadwabai Dudhata) for Rs. 12,84,500, thereby breaching the original agreement with the plaintiff. Court's Decision: The court partially allowed the plaintiff's claim with modifications. While the specific relief of property transfer was not granted due to the third-party sale, the court awarded: - Rs. 7,50,000 (earnest money to be refunded) - Simple interest at 6% per annum from the date of default - Court costs and process fees - Relief against defendants for breach of contract Key Legal Principles Applied: 1. Readiness and Willingness (Section 16(c), Specific Relief Act): The plaintiff must prove continuous readiness to perform contractual obligations, which requires personal testimony in the witness box. 2. Power of Attorney Holders as Witnesses: Cannot depose on behalf of principals regarding personal knowledge matters; must have direct personal involvement in the transaction. 3. Notice Requirements (Transfer of Property Act): Subsequent purchasers without notice of prior agreements may claim protection. 4. Evidence Standards: Mere marking of documents as exhibits doesn't prove their contents; primary evidence is required. Judgment Date: 8 April 2026 This case analysis is maintained by casestatus.in based on publicly available court records.

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Defendant Evidence

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OrderView PDF

OrderView PDF

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Order On Injuction Application

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Hearing On Injunction Application

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Written Statement/Reply

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First hearing

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Case filed

Registration No. 45/2023