JHURRU Vs. CHEDILAL

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 20/9/2013 passed by 4th Additional Judge, to the Court of First Additional District Judge, Bilaspur (CG) in Civil Suit No. 50-A/2013 wherein the said court decreed the suit filed by the respondent/plaintiff for specific performance of contract regarding land bearing survey Nos. 242, 251, 254 area 0.52, 0.34 and 0.66 acres, total area 1.52 acres situated at village Mohanbhata, Patwari Halka No. 12, Revenue Circle Takhatpur, District Bilaspur, CG.

(2.) Respondent/Plaintiff preferred a civil suit for specific performance of contract that both parties entered into agreement for sale of the land as mentioned above @ Rs.2,50,000.00 per acre. Agreement was executed on 28/2/2011 and Rs.1,00,000.00 was given as earnest money to the appellant. It is pleaded that when respondent asked the appellant for execution of sale deed in the month of May, 2011, he sought time for preparation of revenue record but he did not comply with the agreement and demanded much more money, thereafter a notice was served to appellant on 1/9/2011, even then sale deed was not executed that is why suit was filed. As per the appellant he agreed to sell only two pieces of land @ Rs.4,00,000.00 per acre and only advance a sum of Rs.20,000.00 which was received by him, even then the trial court decreed the suit in favour of respondent.

(3.) Learned counsel for the appellant submits as under.