NITIN SINHA Vs. G.P.IYER

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 10-07- 2017 passed by 8th Additional District Judge, Raipur (CG) in Civil Suit No. 11-A/2009 wherein the said court dismissed the suit filed by the appellant for specific performance of contract and permanent injunction.

(2.) Claim of the appellant/plaintiff was based on the ground that respondent No.1/defendant No.1 is owner of the property in question which is House No. 31 of State Bank Colony, Sundar Nagar, Raipur. The property was let out to father of the appellant in the year 1989 on rent of Rs.850.00 per month as per Ex.D/21. After passing of father of the appellant, he came into possession of the house. As per the appellant, his father entered into an agreement for purchase of the property in question with respondent No.1 on 21/6/1992 for cash consideration of Rs.2,00,000.00 and Rs.5000.00 was paid as earnest money but sale deed was not executed that is why suit was filed on 18/10/2004 which is dismissed by the trial court as mentioned above.

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