ANJANA BAI BAGDE Vs. SHYAM RATAN SAHU

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dtd. 21/6/2017 passed in civil suit No.41-A/2006 by the Court of Second Additional District Judge, Raipur (CG), whereby a suit for specific performance was decreed.

(3.) The brief facts of the case are that Shyam Ratan Sahu, respondent No.1 herein, filed a civil suit for specific performance of contract dtd. 15/6/2005 (Ex. P/13) initially against Anjana Bai Bagre. It was alleged that as per the plaint allegation the suit property bearing plot No.320 under Khasra No.320/2 admeasuring 2400 sq. ft. having superstructure situated at Sundar Nagar Grih Nirman Co- operative Society, Mahadev Ghat Road, Raipur was in name of late Rajesh Kumar Bagre son of Anjana Bai Bagre. Mother Anjana Bai Bagre entered into an agreement of sale initially with two sellers namely Shyam Ratan Sahu and Mahendra Sahu on 29/4/2005 (Ex. P-9) and subsequent agreement was executed on 15/6/2005 only with Shyam Ratan Sahu. According to the plaintiff, after execution of the second agreement dtd. 15/6/2005, the sale deed was not executed within specified time despite notice and the defendant/appellant herein when was called upon to execute the sale deed but the same was not done, eventually the suit was filed.