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2018 Supreme(Chh) 585

MANINDRA MOHAN SHRIVASTAVA, SHARAD KUMAR GUPTA
Gajendra Prasad Sharma S/o Late Shri. Radhey Shyam Sharma – Appellant
Versus
Deepak Jain S/o Hazari Mal Jain, Occupation Business – Respondent


Advocates Appeared:
For the Appellant :Shri. Kshitiz Sharma, Advocate
For the Respondent:Dr. N.K. Shukla, Senior Advocate with Shri. Vikram Sharma, Advocate

ORDER :

MANINDRA MOHAN SHRIVASTAVA, J.

1. This appeal is directed against impugned judgment and decree dated 03-12-2011 passed by the Additional District Judge, Balod in Civil Suit No.13-A/2011, by which, plaintiff's suit has been decreed. The appellant is the defendant, against whom, a decree of specific performance of contract has been passed.

2. The respondent-plaintiff filed a suit for grant of decree of specific performance on the pleadings that the defendant No.1-Gajedndra Prasad Sharma entered into an agreement to sell his property in dispute for a consideration of Rs.8,21,000/- on 18-06-2007 and agreement to that effect was executed by him in the presence of two independent witnesses. It was further pleaded that an advance of Rs.61,000/- was paid by the plaintiff. According to the agreement, the defendant was required to execute the sale deed within a period of 6 months by receiving the balance amount of consideration and after getting the tenant-bank evicted from the house. It was further pleaded that under the agreement, the parties agreed that if for some reason, the defendant fails to execute the sale deed, the period for execution of sale deed could be extended for a furt







































































































































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