MEHATRIN BAI Vs. MADHUSUDHAN MISHRA

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dated 16.01.2004 passed by Ninth Additional District Judge (FTC), Raipur (CG) in a Civil Suit No.23A/2002 wherein the said Court decreed the suit filed by respondent No.1/plaintiff for specific performance of contract for the land bearing Survey No.217/21 area 2.023 hectare at village Sarora Patwari Halka No.101, Revenue Circle Dharsiwa, Tahsil and Distt. Raipur.

(2.) As per the version of respondent No.1/plaintiff one Iqbal Singh was the owner of the property in question and he agreed to sell the same for a case consideration of Rs.1,50,000/- and a written agreement was signed between the parties as per Ex-P/1 dated 12.9.1995. It is alleged that the whole amount of case consideration was paid to Iqbal Singh. As per the appellant, owner of the property in question namely said Iqbal Singh sold the property to Smt. Mehtarin Bai vide registered sale deed for case consideration of Rs.1,22,000/-. After purchasing the property, her name was mutated in the record of rights and she is in possession of land and doing agricultural work since the date of mutation.

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