BHARAT RAM SAHU Vs. SALIK

JUDGEMENT

(1.) THIS is the plaintiffs second appeal filed under Section 100 of the Code of Civil Procedure. The plaintiff lost in both the Courts. This appeal arises out of the judgment and decree dated 29-11-2005 passed by the VIII Additional District Judge (FTC), Raipur (CG) in Civil Appeal No. 8-A/2004 arising out of judgment and decree dated 28-7-2000 passed in Civil Suit No. 9-A/97 by the VII Civil Judge Class-II, Raipur (CG).

(2.) THE brief facts are that the plaintiff filed a suit for specific performance of an agreement dated 3-7-1988 (Ex. P4) alleged to have been executed by defendant Nos. 1 and 2 and their more. Smt. Kachhra Bai. The plaint allegations are that these persons entered into an agreement to sale of certain agricultural land situated at Village Joundi, P.C. No. 154, Tehsil Rajim, District Raipur (CG), for a consideration of Rs. 3000.00. Since after many requests made by the plaintiff, the defendant Nos. 1 and 2 did not execute the sale-deed pertaining to the aforesaid agreement, the plaintiff was constrained to file the instant suit for the specific performance. A written statement was filed denying the contentions of the plaintiff. The factum of execution of the agreement was denied by the defendants. The learned Trial Court framed various issues in this case and after recording evidence of the parties dismissed the suit of the plaintiff on two grounds. It was held that the plaintiff could not prove that such an agreement was executed by the defendants. It was also held that the suit of the plaintiff, which was filed for specific performance of an agreement dated 3-7-1988 on 14-9-1997 was barred by limitation.

(3.) AGAINST the aforesaid judgment and decree passed by the Trial Court, the plaintiff filed an appeal before the Lower Appellate Court. The Lower Appellate Court also dismissed the appeal, confirming the judgment and decree passed by the Trial Court,