BABULAL Vs. RAMESHCHANDRA SAHU AND ANR

JUDGEMENT

(1.) The appellant/plaintiff has filed the appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 11.8.05 rendered by the court of II Additional District Judge Ashok Nagar in Civil Suit No.3A/03 dismissing the suit for redemption of the disputed land, declaration of title of Bhumiswami rights, possession and permanent injunction however the suit was decreed for specific performance of the contract dated 1.6.99 (Ex-P/1) for repurchasing of the property. In this appeal the appellant is referred as "plaintiff" and the respondent as "defendant."

(2.) The respondent/defendant has not filed any cross appeal against the impugned judgment and decree.

(3.) The admitted facts are that the agricultural land bearing survey No.664 area 1.557 hectare half of which is 0.778 hectares which is under dispute and the owner of the said land was the plaintiff who executed a registered sale deed dated 1.6.99 (Ex-D/1) in favour of the defendant who also executed a document of agreement to sell (Ex- P/1) in favour of the plaintiff on the same date. The plaintiff got the notice dated 29.5.02 issued through his advocate to the defendant who replied it on 1.6.2002 vide Ex-P/5.