DEEPCHAND Vs. KHILESHWAR

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 13/4/2007 passed by the First Additional District Judge, Rajnandgaon (CG) in Civil Suit No. 17-A/2005 wherein the said court dismissed the suit filed by the plaintiff/plaintiff for specific performance of contract and possession of the land bearing Khasra No.216 area 0.52 dismal, Khasra No. 218 area 0.22 dismal, Khasra No. 219 area 0.23 dismal and Khasra No.217 area 0.54 dismal, total area 1.51 acres situated at village Bharregaon, Patwari Halka No.31, Revenue Circle Rajnandgaon, Tahsil and District Rajnandgaon (CG).

(2.) Appellant/Plaintiff instituted a civil suit for specific performance of contract of land as mentioned above. The parties agreed to sell/purchase the land @ Rs.50,000.00 per acre and total consideration amount was to Rs.75,500.00 . Rs.13,000.00 was paid as earnest money. Rs.10,000.00 and Rs.10,400.00 were paid subsequently on different dates. The sale deed was not executed by the respondent that is why suit was filed, but same was dismissed by the trial court contrary to factual factual matrix and legal aspect of the matter.

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