VIJAY LAXMI Vs. BEDURAM

JUDGEMENT

(1.) This appeal has been preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'), questioning the legality and propriety of the judgment and decree dated 25.01.2012, passed in Civil Suit No.21-A/2011, whereby the learned trial Court has dismissed the Plaintiff's claim for specific performance of contract. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated, the facts of the case, are that the Plaintiff instituted a suit claiming specific performance of contract submitting, inter alia, that an agreement to sale was executed by Defendant No.1 in her favour on 13.05.2010 with regard to the part of his Khasra No.1026, admeasuring area 0.73 acres situated at village Dagori, Tahsil Bilha, District Bilaspur (CG), agreeing to alienate the same for a consideration of Rs.2,20,000/- upon receiving earnest amount of Rs.25,000/- from her by delivering the possession of it. It is pleaded in the plaint that as per the terms and conditions stipulated therein, the registered deed of sale was required to be executed within a period of 15 days from it and despite her several requests being made and when it was not executed, a legal notice dated 21.06.2010 was served upon him with a request for its execution. He, however, has, failed to execute the registered deed of sale in her favour despite the service of notice, therefore, she has been constrained to institute the suit in the instant nature, instituted on 16.08.2010.

(3.) Despite service of summons of the suit, Defendant No.1 failed to appear, therefore, he was proceeded ex parte by the trial Court.