MUDDASSAR KHAN Vs. GEETA BAI

JUDGEMENT

(1.) Despite of service on sole respondent, as per office note dtd. 2/6/2018, nobody has marked presence for the respondent, therefore, the matter is heard finally.

(2.) The appellant has filed the present appeal under Sec. 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dtd. 4/11/2015 passed by the V Additional District Judge, Bhopal in Civil Suit No.435-A/2011, dismissing the suit.

(3.) In short, the facts of the case are that the appellant has filed a suit for specific performance of agreement dtd. 2/1/2009 (Ex.P/1) claiming therein that he is owner and in possession of the suit property i.e. House No.39, Pant Nagar, Hinotiya Kachiyana, which is a part of Kh. No. 39/3 and 90/3, PC No. 21 situated Tahsil Huzur, District Bhopal. Total area of the suit house is 15x30=450 sq.f.t.