AZRA ANSARI Vs. CHANDAN BAI

JUDGEMENT

(1.) This second appeal has been filed by defendant 1 Smt. Azra Ansari challenging the judgment and decree dtd. 30/4/2022 passed by 1st District Judge, Kotma, District Annupur in Civil Appeal No.204/2019 (8/2019) affirming the judgment and decree dtd. 8/5/2019 passed by Additional Judge to the Court of Civil Judge Class-I, Kotma, District Annupur in Civil Suit No.126- A/2018 (instituted on 11/1/2012) whereby learned Courts below have decreed the suit filed by the plaintiff/respondent 1 for declaration of title, permanent injunction as well as for restoration of possession and at the same time has dismissed the counter claim dtd. 15/5/2018 filed by the defendant 1/appellant for specific performance of agreement of sale dtd. 4/4/2001 (Ex D/1) and permanent injunction.

(2.) Learned counsel for the appellant/defendant 1 submits that learned Courts below have erred in decreeing the suit and further erred in dismissing the counter claim filed for specific performance as well as for protection of possession by way of decree of permanent injunction.

(3.) She submits that although the plaintiff is wife of Dayaram but he along with his brother Surendra Singh executed an agreement on 4/4/2001 (Ex.D/1) in respect of a piece of land area 2400 sq.ft. for consideration of Rs.1,04,000.00 after receiving an amount of Rs.70,000.00 in advance and remaining amount of Rs.34,000.00 was to be paid at the time of execution of sale deed.