As per Hon'ble Shri Manindra Mohan Shrivastava, J. :-

1. This is a defendant's appeal aggrieved by the judgment and decree dated 4-8-2008 passed by the 9th Additional District Judge (F.T.C.) Bilaspur in Civil Suit No.18-A/2008 by which suit for specific performance and permanent injunction has been decreed in favour of the respondent/plaintiff by the Court below.

2. The respondent/plaintiff filed a suit registered as Civil Suit No.18A/2008, claiming decree of specific performance, permanent injunction, and recovery of possession on the pleadings that the defendant No.1-Smt. Krishna Devi Soni executed an agreement of sale on 27-06-2005 for sale of property in dispute being land and two storied house constructed thereupon situated at Khasra No.411116 & 411 /17, Patwari Halka No.22, Revenue Circle Bilaspur, Tahsil and District Bilaspur for consideration of Rs.4 Lakhs and received Rs.51,000/- as advance. It was further pleaded that as per the agreement, the defendant No.I1vendor had agreed to execute sale deed in favour of the plaintiff within 15 days of arrangement of fund through bank advance by the purchaser or in any case within a period of five months from the date of agree