N.K.AGARWAL
ASHA PANDEY – Appellant
Versus
D. K. DUBEY – Respondent
1. This is defendants' first appeal arising out of the judgment and decree dated 29th September, 2001 passed by the District Judge, Raipur in Civil Suit No. 28A/99 whereby and where under, the plaintiff's suit has been decreed.
2. Facts of the case, in brief, are that the plaintiff/respondent filed a suit on 14-6-93 for specific performance of agreement to sell dated 24-5-1990 (Ex. P-1) against late Prabha Shankar Pandey (defendant) i.e. husband of appellant No. 1/defendant. No. 1 and father of other appellants inter alia on the ground the original defendant late Prabha Shankar Pandey entered into agreement to sell with regard to a house bearing No. 17, situated at Aadarsh, State Bank of India Employees Cooperative Housing Society, Sunder Nagar, Raipur for a sale consideration of Rs. 2 lacs and received Rs. 5,000/- as advance. Later on, on 3-2-91, an additional sum of Rs. 2,000/- was also paid by the plaintiff.
3. According to the plaintiff, the sale deed was to be executed after seeking permission from the State Bank of India; balance amount of sale consideration was payable at the time of registration of sale deed. The defendant moved an application on 10-7-90 seeking permissi
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