LEELA RAM SONI Vs. KRISHNA DEVI AGRAWAL

JUDGEMENT

(1.) This appeal is preferred against the judgment/decree dated 13 th January, 2005 passed by Second Additional District Judge, Raigarh (C.G.) in Civil Suit No. 43-A/2001 wherein the said Court dismissed the suit filed by the appellant/plaintiff for specific performance of contract regarding land bearing Survey No. 242/2, area admeasuring 1.62 Hectare situated at Village- Sambalpuri, Tahsil & District- Raigarh (C.G.).

(2.) In the present case, respondent No. 1 namely Smt. Krishna Devi Agrawal is recorded owner of the land in question and she entered into an agreement of sale the same to the appellant with the written agreement dated 11.08.2000 for a cash consideration for Rs. 80,000/-. As per the agreement, Rs. 40,000/- was paid as advance sum and Rs. 40,000/- was to be paid on execution of the sale-deed. The appellant/plaintiff was ready and willing to perform his part of contract and he sent notice to respondent No. 1 on 25th June, 2001 for execution of sale deed, but the same was not executed, therefore, suit was filed before the trial Court which was dismissed as mentioned above.

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