DHARAM DAS Vs. DULARWA SATNAMI

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dated 26-09-2018 passed by the First Additional District Judge, Durg (CG) in Civil Suit No.1236214/2012 wherein the said Court ordered for refund of advance sum to the tune of Rs.83,000/- and denied the decree for specific performance of contract regarding land bearing survey No. 161 admeasuring area 0.25 hectares and Khasra No.162 admeasuring area 0.24 hectares situated at village Hanaud, Patwari Halka No. 28/39, Tahsil and District Durg.

(2.) As per version of appellants/plaintiffs, there was an oral proposal of sale of land in question on 17-4-2002 to the appellant No.3 namely Ishwari Prasad Khutel by respondents No. -1-A and 1-B namely Jeevan Satnami and Vedram Satnami and on the basis of oral proposal Rs.500/- was paid as advance sum and thereafter total sum of Rs.83,000/- was paid as consideration amount for land in question, but the sale deed was not executed, therefore, suit was filed but the trial court did not grant decree for specific performance of contract.

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