ARUN KUMAR PATHAK Vs. CHHABILAL

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 14.12.2004 passed by Third Additional District Judge (FTC), Janjgir, District- Janjgir- Champa (C.G.) in Civil Suit No. 57-A/2004, wherein the said court dismissed the suit filed by the appellant/ plaintiff for specific performance of contract regarding house No. 76/03 situated at Ward No. 4, Champa, District- Janjgir-Champa (C.G.) which is mentioned in Schedule-A of the plaint.

(2.) As per the appellant/ plaintiff, the property in question was owned by one Kalyanibai who orally entered into an agreement with the appellant that last rite of husband of said Kalyanibai namely Ramshankar will be performed by the appellant and the property in question will be given to the appellant as consideration for expenses of last rite of Ramshankar. It is further case of the appellant that in specific performance of contract, the property was handed over to him and one deed was executed on 19th December, 1999 in favour of the appellant. Later on, said Kalyanibai refused to execute sale deed in favour of the appellant that is why a suit was filed before the trial court which was dismissed as mentioned above.

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