MATI BAI Vs. PUSHPA DEVI (TIWADI) SHARMA

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 23-11-2004 passed by 2nd Additional District Judge, Baloda Bazar, District Raipur (CG) in Civil Suit No.21-A/2003 wherein the said court decreed the suit in favour of respondent No.1 for specific performance of contract regarding land bearing survey No. 385/1 actual area 0.238 hectares (in agreement 0.368 hectares), situated at village Hathani, Patwari Halka No. 6, Revenue Circle and Tahsil Bhatapara.

(2.) The respondent Pushpa Devi and her husband Om Prakash/plaintiffs have filed a suit on 20-8-2003 and it is pleaded that though agreement was entered into between the parties for land area 0.368 hectares but it was actually found after measurement to be 0.238 hectares. As per contract, the rate of land was Rs.2,80,000/- per acre.

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