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2012 Supreme(Chh) 90

N.K.AGARWAL
HALDHAR PATEL – Appellant
Versus
P. S. THAKUR – Respondent


Advocates appeared:
For the Appellants :Shri R.S. Patel, Advocate.
For the Respondent No.1:Shri Malay Kumar Bhaduri, Advocate.

JUDGMENT

1. This is defendants' first appeal filed under Section 96 of Code of Civil Procedure, 1908, against the judgment and decree dated 03.07.2007, passed by the District Judge, Dhamtari, in Civil Suit No. 6-A/2006.

2. Brief facts of the case are that, Plaintiff filed a suit for specific performance of contract against the defendants. According to plaintiff, he entered into an agreement of sale (Ex.P-1) with respect to the land bearing Khasra No.1048, area 0.35 dismal, Patwari Halka No. 16 situated at Baniyapara Ward, Dhamtari (C.G.) with the respondents for a sale consideration of Rs.1,50,000/- on 16.5.2003 and paid Rs.1,00,000/- as earnest money. As per the terms of the contract, the defendants have to execute the sale deed within a period of 18 months from the date of execution of agreement after receiving balance consideration at the time of registration. When he learnt, defendants are trying to sell the same to some other person, he raised his objection and issued notices, demanding execution of sale deed in terms of the contract but the defendants did not execute the sale deed in his favour, hence, he filed a suit for specific performance of the contract and in the alternat













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