MOHAN Vs. YUNESHWAR KUMAR

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 5-2-2009 passed by the Additional District Judge, Dhamtari (CG) in Civil Suit No.2-A of 2008 wherein the said court decreed the suit filed by the respondent No.1/plaintiff for specific performance of contract regarding land bearing survey No.858/1 area 0.31 acres (0.14 hectares) situated at village Bhatgaon, Patwari Halka No. 18, Revenue Circle, Tahsil and District Dhamtari, CG.

(2.) The property in question is owned by appellants No.1 to 4/defendants. Respondent No.1/plaintiff entered into agreement for purchase of the said land @ Rs.2,00,000/- per acre and in advance a sum of Rs.5000/- was paid to appellants No. 1 to 4/defendants and appellant No.5 received Rs.53,500/- on different dates on behalf of appellants No.1 to 4/defendants. The balance amount was Rs.3,500/-. The sale deed was to be executed upto December, 2007 as per Ex.P/1 but before the expiry of the said period, sale deed was executed by the appellants No. 1 to 3 in favour of appellant No.6 on 8-11-2007. As per plaint averment of respondent No.1/plaintiff, appellant No.6 had knowledge about prior agreement but he purchased the land which is not bonafide transaction on his part. A suit was filed for specific performance of contract by respondent No.1/plaintiff and for cancellation of sale deed executed in favour of appellant No.6. After recording evidence of both sides and hearing the parties, the trial court decreed the suit as mentioned above.

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