DEEPAK JAIN Vs. JABALPUR AGRAWAL SABHA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and decree dtd. 27/6/2022 passed in Civil Suit No.112-A/2011 by learned Second District Judge, Jabalpur, whereby a suit for specific performance of contract dtd. 12/5/2000 filed by the appellant / plaintiff has been dismissed, present appeal under Sec. 96 of CPC has been filed by the appellant / plaintiff.

(3.) The case of the appellant / plaintiff as projected in the plaint filed on 27/9/2011 is that appellant/plaintiff filed a suit for specifically performance of the contract/agreement dtd. 12/5/2000 in respect of the suit property situated at Mouza Laxmipur, Number Bandobast 643, Patwari Halka No. 25, Survey (Khasra) No. 5/10, Area 1.618 Hectare, Tehsil & District Jabalpur, inter alia contending that the respondent / defendant Jabalpur Agrawal Sabha is the absolute owner of the disputed suit land which was purchased from Vendor Sunil Kumar Yadav, Smt. Geeta Bai Yadav, Ku. Kiran Devi Yadav, Sanjay Kumar Yadav and Ku. Kamini Yadav by a registered instrument (Sale deed) dtd. 3/8/1987. Prior to the purchase of the suit land, the defendant / respondent had the knowledge about the order dtd. 20/3/1985 passed under the Urban Land (Ceiling & Regulation) Act 1976 by the competent authority whereby the suit land was exempted from the provisions of the said Act as the suit land is the agriculture land.