CHANDRIKA BAI SAHU Vs. KACHARI BAI

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 19.01.2007 passed by 10th Additional District Judge (FTC), Durg (CG) in Civil Suit No. 10-A/2005 wherein the said court dismissed the suit filed by the appellant/plaintiff for specific performance of contract for land bearing Khasra No. 1236, area 0.67 hectare, survey No. 1254, area 0.192 hectare, survey No. 1278/2, area 0.20 hectare total area 1.06 hectare situated at Village- Kanakot, Tahsil- Paatan, District- Durg (C.G.).

(2.) As per appellant/plaintiff he entered into an agreement with original respondent No. 1 namely Smt. Kachari Bai for purchase of the above mentioned land at the rate of Rs. 40,000/- per acre, totalling to Rs. 1,10,000/-. Appellant paid earnest money of Rs. 30,000/- to original respondent No.1/defendant namely Smt. Kachari Bai and remaining was to be paid at the time of execution of sale-deed. The sale-deed was not executed that is why suit was filed but the trial Court dismissed the suit contrary to facts and legal aspect of the matter.

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