REKHA TEKWANI Vs. CHHATTISGARH PROJECT INDIA PRIVATE LIMITED

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 07.12.2011 passed in Civil Suit No.2-A/2011, whereby the trial Court has dismissed the Plaintiff's claim. 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 seeking cancellation of the registered deed of sale dated 26.04.2005 (wrongly mentioned in the plaint as 01.01.2005) executed by her in favour of the Defendants Chhattisgarh Project India Private Limited and also for damages. According to the Plaintiff, the alleged registered deed of sale was executed in relation to the property in question bearing Kh.No.302/3 admeasuring 0.141 hectare situated at Bhatgaon, Tahsil and District Raipur on the basis of the two agreements, both dated 29.04.2004, as according to it, the Defendants were required to alienate 10,000 sq.ft. of their land in lieu thereof. It is pleaded further that since the Defendants have not complied with the terms and conditions stipulated therein for not alienating the alleged 10,000 sq.ft. of land, therefore, the Plaintiff has been constrained to institute the suit in the instant nature.

(3.) While denying the execution of the alleged agreements, it is pleaded by the Defendants that the alleged registered deed of sale was duly executed by the Plaintiff after obtaining the entire sale consideration, and therefore, the claim as made based upon a false plea deserves to be dismissed.