LAWS(CHH)-2020-9-75

BHUNESHWAR, Vs. GAMMAN DAS,

Decided On September 29, 2020
Bhuneshwar, Appellant
V/S
Gamman Das, Respondents

JUDGEMENT

(1.) This second appeal preferred under Section 100 of the CPC by defendant No.3/appellant herein (subsequent purchaser) has been admitted for final hearing on 14-8-2020 by formulating the following substantial questions of law: -

(2.) The dispute in the second appeal is confined to the property situated at Village Haidalkodo, Tahsil and Distt. Rajnandgaon, bearing Khasra No.308, area 9 decimal. Original plaintiff Ahilya Bai filed suit for specific performance of contract against original defendant No.1 Devki Bai stating inter alia that she has purchased the suit land from defendant No.1 on 15-1-1984 by making payment of cash consideration of â "? ? 4,000/- and remaining amount has also been paid on 8-6-1984, but the sale deed was not executed and on 6-10-1997, defendant No.2 with the consent of defendant No.1 sold the suit property in favour of defendant No.3 which gave rise to the cause of action to her for filing instant suit, as the suit was filed ultimately on 24-11-1997 for specific performance of contract against the defendants including subsequent purchaser ' defendant No.3 claiming a decree for specific performance of contract.

(3.) No written statement was filed by the defendants controverting the averments made in the plaint.