RUDRA NARAYAN GUPTA Vs. RATNA CHAQURWARHTY

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 31-8-2007 passed by 9th Additional District Judge (FTC) Bilaspur, (CG) in Civil Suit No. 53-A/2005 wherein the said court dismissed the suit filed by the appellant/plaintiff for specific performance of contract for land situated at village Kranti Nagar, Juna Bilaspur, Survey No.073/3 in diversion sheet No.23, Plot No. 131 area 2700 sq.ft, but ordered refund of earnest money to him against respondent No.1 to the tune of Rs.50,000/- with interest.

(2.) As per version of appellant/plaintiff, he entered into agreement with respondent No.1/defendant for purchase of land as mentioned above on 7-7-2003 for cash consideration of Rs.7,01,000/- and Rs. 50,000/- was paid as earnest money and rest of the money was to be paid at the time of execution of sale deed. Appellant demarcated the land in question and it is found that the said land is 45 x 40 sq.ft ie., 1800 sq.ft of land in total, that is why he did not pay the balance amount to respondent No.1, but proposed amount for 1800/- sq.ft which was not acceptable to her that is why suit was filed and after hearing both parties, the trial Court dismissed the same.

(3.) Learned counsel for the appellant would submit as under: