ASHOK Vs. CHANDRAKANTA

JUDGEMENT

(1.) THIS appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 (for short, 'the Code') against the judgment and decree dated 07.08.2010 passed by the Additional District Judge (FTC) Rajnandgaon in Civil Suit No. 07A/2008, whereby the Suit filed by the respondent No.1/plaintiff for specific performance of contract of sale has been decreed by the trial Court in favour of the plaintiff.

(2.) CASE of respondent No. 1/plaintiff, in brief, is that on 21.09.2004 she entered into an agreement of sale with Dashrath (deceased) in respect of his land situated at village Botepar bearing khasra No.215/2 area 1.33 acres, khasra No. 46/2 area 0.40 acres, total 1.73 acres for a sale consideration of Rs. 87,000/ - and on the same day sum of Rs. 87,000/ - was given by respondent No.1 to Dashrath as full consideration of money. Agreement of sale (Ex.P -1) was executed by them, also gave possession of the same land to respondent No.1. After 6 -7 months Dashrath died and thereafter when the defendants were reluctant to execute the agreement of sale in favour of respondent No.1/plaintiff, she has filed the suit against the legal heirs of Dashrath for executing the sale deed in her favour because they are duty bound to execute agreement of sale.

(3.) DEFENDANTS / appellants have filed written statement, in which they denied the averments of the plaint and stated that the suit lands are ancestral property and it was never partitioned among the members of the family. They also alleged that Dashrath was a person of moral turpitude and was habitual drinker and also used to play gambling (Satta) and it was in that drunken condition the husband of the plaintiff while playing fraud, executed the agreement. Dashrath was subjected to tortured by the plaintiff and her husband in such a way that he committed suicide.