PRIYABRATTA CHOUDHARY Vs. JAYSHANKAR SAHU

JUDGEMENT

(1.) The appellants have filed the instant appeal against the judgment and decree dtd. 30/4/2018 passed by the 6thAdditional District Judge, Durg, District- Durg Chhattisgarh in Civil Suit No. 6388A/2013 whereby the suit filed by the appellants/plaintiffs for grant of decree of Specific Performance of Contract has been dismissed.

(2.) Brief facts of the case as mentioned in the appeal are that the the appellants/plaintiffs filed a civil suit for Specific Performance of Contract in respect of the property i.e. the building block No.88, plot No.10 Motilal Nehru Nagar (East) Bhilai, Tahsil and District Durg. The claim in the suit was based on the ground that the plaintiffs are the permanent resident of Bhilai District Durg. The plaintiff No.1 is a Software Engineer working at Bangalore and he is earning a very handsome salary i.e. Rs.1.00 lakh/month. The plaintiff No.2 is holding the degree of MBBS and at the relevant time was prosecuting his studies at Bangalore. The father and power of attorney holder of the plaintiffs was Assistant General Manager in Bhilai Steel Plant who retired from the said post in the year 2010 and he has obtained Rs.60.00 lakhs towards the retiral benefits. The plaintiffs are capable of purchasing the property in question.

(3.) Learned trial Court after appreciating the oral and documentary evidence vide impugned judgment and decree dtd. 30/4/2018 dismissed the suit preferred by the plaintiffs. Hence, this appeal has been filed by the appellant.