BISHAHRAM DHOBI Vs. SHIVBAGAS SAHU

JUDGEMENT

(1.) By this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellants have challenged the legality and propriety of the judgment & decree dated 31.3.95 passed by the 4th Additional District Judge, Raipur, in Civil Appeal No.11-A/94, affirming the judgment & decree dated 26.7.93 passed by the 4th Civil Judge Class-II, Raipur, in Civil Suit No.234- A/92, whereby decree for specific performance of contract has been granted against the appellants.

(2.) Present second appeal was admitted on 30.11.95 on the following substantial questions of law:-

(3.) As per case of the respondent/plaintiff, appellants No.1 to 4 have executed agreement dated 23.6.81 in favour of the respondent relating to the disputed property i.e. khasra No.149/1 area 0.299 hectare situated at village Bangoli, tahsil and district Raipur and handed over the possession. Thereafter suit for specific performance of contract was filed on behalf of the respondent/plaintiff. By filing written statement the present appellants have denied the agreement and have specifically pleaded that appellant No.5 has not executed any agreement. Alleged agreement was executed for loan. The present respondent was never ready and willing to perform his part of contract. After providing opportunity of hearing to the parties, the 4th Civil Judge Class-II, Raipur has decreed the suit and same was affirmed by the lower appellate Court.