SHIRIS KUMAR GUPTA Vs. KESHAV PRASAD SINHA

JUDGEMENT

(1.) Appellant/Plaintiff by way of this first appeal under Sec. 96 of Civil Procedure Code, 1908 has challenged the legality, validity and propriety of impugned judgment and decree dated 12/09/2014 passed by learned District Judge, Balod, District Balod, Chhattisgarh in Civil Suit No.7-A of 2013 whereby learned trial Court dismissed the suit for specific performance of contract.

(2.) Facts of the case relevant in nutshell are that respondents No.1 and 2/defendants are owners of lands situated at Village Baghmara, Patwari Halka No.34, Tahsil Gundardehi, District Balod bearing Khasra Nos.127, 128/1, 128/2 measuring 0.36, 0.06, 0.18, total area of land is 0.60 hectare, which is situated on Gundardehi-Rajnandgaon Road (hereinafter referred to as 'disputed property').

(3.) As per the case of appellant/plaintiff, on 08/08/2011 he entered into an agreement (Ex. P-1) with respondents No.1 and 2/defendants to purchase property in dispute for a total consideration of Rs.15,50,000.00 (Rupees Fifteen Lacs Fifty Thousand Only). On the said date, as per agreement, Rs.50,000.00 (Rupees Fifty Thousand Only) has been paid as advance and rest of the amount is to be paid till 30/01/2012 and thereafter, respondents No.1 and 2/defendants have to execute registered sale deed in favour of appellant/plaintiff. Even after repeated requests made by appellant/plaintiff with respondents No.1 and 2/defendants, they have failed to execute sale deed in his favour, therefore, he has filed the suit for specific performance of contract after lapse of period for performance of contract as mentioned in agreement to sale.