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2019 Supreme(Chh) 747

PRASHANT KUMAR MISHRA, PARTH PRATEEM SAHU
SHIRIS KUMAR GUPTA – Appellant
Versus
KESHAV PRASAD SINHA – Respondent


Advocates Appeared:
Manoj Paranjpe, Adv., Bharat Sharma, Adv., Avinash Chand Sahu, Adv., Siddharth Dubey, Adv.

JUDGMENT

Parth Prateem Sahu, J. - Appellant/Plaintiff by way of this first appeal under Section 96 of Civil Procedure Code, 1908 has challenged the legality, validity and propriety of impugned judgment and decree dated 12/09/2014 passed by learned District Judge, Balod, District Balod, Chhattisgarh in Civil Suit No.7-A of 2013 whereby learned trial Court dismissed the suit for specific performance of contract.

2. Facts of the case relevant in nutshell are that respondents No.1 and 2/defendants are owners of lands situated at Village Baghmara, Patwari Halka No.34, Tahsil Gundardehi, District Balod bearing Khasra Nos.127, 128/1, 128/2 measuring 0.36, 0.06, 0.18, total area of land is 0.60 hectare, which is situated on Gundardehi-Rajnandgaon Road (hereinafter referred to as 'disputed property').

3. As per the case of appellant/plaintiff, on 08/08/2011 he entered into an agreement (Ex. P-1) with respondents No.1 and 2/defendants to purchase property in dispute for a total consideration of Rs.15,50,000/- (Rupees Fifteen Lacs Fifty Thousand Only). On the said date, as per agreement, Rs.50,000/- (Rupees Fifty Thousand Only) has been paid as advance and rest of the amount is to be paid till

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