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2018 Supreme(Chh) 16

PRASHANT KUMAR MISHRA, ARVIND SINGH CHANDEL
Durga Education Society – Appellant
Versus
Shakti Pictures Circuit Ltd. – Respondent


Advocates Appeared:
For the Appellant :Shri. Kishore Bhaduri with Shri. Pawan Kesarwani, Shri. Anmol Sharma, Shri. Sunny Agrawal, Ms. Swati Upadhai, Ms. Shreya Mishra, Advocates.
For the Respondent:Shri. Ashish Shrivastava with Shri. Anurag Verma, Shri. Animesh Verma and Shri. Ankur Kashyap, Advocates.

JUDGMENT :

Prashant Kumar Mishra, J.

1. This is the defendant's First Appeal under Section 96 of the CPC assailing the legality and validity of the judgment and decree rendered by the trial Court/District Judge, Raipur decreeing the plaintiff's suit for specific performance holding that the plaintiff is entitled to get executed the sale deed upon payment of balance sale consideration of Rs.11 lakhs to the defendants.

PLEADINGS

2. The plaintiff's case, as projected in the plaint filed on 5.2.1991 is that the suit plot bearing Khasra No.280/2, Mouja Baijnath Para, Mahal No.2, Raipur, ad measuring 30,560 square feet has a building named as Amardeep Talkies, which is run by the plaintiff. The plot is owned by the defendant No.1, a Society registered under the CG Society Registrikaran Adhiniyam, 1973 (for short 'the Adhiniyam, 1973'). By an agreement of sale dated 1.11.1982, the defendant agreed to sell the suit plot to M/s Saroj Screens Private Limited for total consideration of Rs.13 lakhs and the defendant received the earnest money of Rs.2 lakhs from M/s Saroj Screens Private Limited by a demand draft dated 29.10.1982. By a letter dated 1.12.1983 M/s Saroj Screens Private Limited reques




































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