WAHID SHARIF Vs. MEHATARIN BAI

JUDGEMENT

(1.) This appeal is preferred by the appellants under Section 96 read with Order 41 Rule 1 of Code of Civil Procedure 1908 against the judgment and decree dated 17-5-2017 passed by the 9th Additional District Judge, Raipur (CG) in Civil Suit No.111- A/2011, wherein the said court decreed the suit filed by the respondents No. 1 to 11 for specific performance of contract relating to land bearing survey No. 217/22 admeasuring area 2.023 hectares, situated at village Sarora, Patwari Halka No. 101, Tahsil & District Raipur and for declaring the sale deed dated 17-4-2014 to be void executed in favour of one Madhusudhan Mishra.

(2.) As per suit filed by the respondents No. 1 to 11, the land in question is inherited by the appellants No. 1 to 6 in succession, earlier the property owned by late Daoud Sharif. As per averments, the appellants and one Yusuf Sharif entered into contract with Beer Singh Sahu to sell the said land for cash consideration of Rs. 3,00,100/- and Rs. 50,100/- was paid as earnest money on the date of agreement i.e., 21-12-2000. The property was delivered to Beer Singh Sahu as purchaser of the land. After passing of Beer Singh Sahu, respondents No. 1 to 11 who are successors of Beer Singh Sahu asked the appellants/defendants to perform their part of contract as the respondents are ready and willing to perform their part of contract and the appellants assured to execute the contract till 21-12-2000, but they did not perform their part of contract.

(3.) As per the appellants, the land was allotted to Daoud Sharif on lease in the year 1981 as he was an Ex-Military man and for selling the same, permission of Collector was required, but since they are unable to obtain permission, sale deed cannot be executed. Again, the land was delivered to Beer Singh Sahu on crop-share basis for the year 2000 only.