MANGAL SINGH Vs. SAMARULAL GAIKWAD

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 13-1- 2015 passed by VIth Additional District Judge, Durg, District Durg (CG) in Civil Suit No. 60-A/2013 wherein the said court dismissed the suit filed by the appellant for specific performance of contract regarding land bearing Survey No.283/1 area 0.022 hectares (40 x 60 = 2400 sq.ft), situated at village Risali, Patwari Halka No.22, Tahsil and District Durg, CG.

(2.) In the present case, both parties entered into an agreement on 8/3/2007 to dispose of the property as mentioned above for cash consideration of Rs.3,45,000.00 out of which a sum of Rs.50,000.00 was paid. According to contract, sale deed was to be executed after demarcation proceeding. As per the appellant he filed suit before the trial court for specific performance of contract which was dismissed by the trial court contrary to factual matrix and legal aspect of the matter.

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