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2019 Supreme(Chh) 836

RAM PRASANNA SHARMA
SHYAMA BAI – Appellant
Versus
RAJENDRA KUMAR SAHU – Respondent


Advocates Appeared:
D.N. Prajapati, Adv., Parag Kotecha, Adv.

JUDGMENT

Ram Prasanna Sharma, J. -This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 23.08.2007 passed by District Judge, North Bastar, Kanker (C.G.) in Civil Suit No. 2- A/2006, wherein the said court decreed the suit filed by the respondent/ plaintiff for specific performance of contract for the land recorded in Civil Station Sheet No. 1, Plot No. 2, area admeasuring 294 sq.mtr. or 3162 sq.ft and ordered that the respondent/ plaintiff shall pay Rs. 85,000/- to the appellant and again, to pay compound interest @ 12% from February, 1998 for execution of sale-deed in his favour. The cost of execution of the sale-deed shall be borne by the respondent.

2. As per the appellant, the parties entered into an agreement on 18.06.1997 (Ex. P/1) for selling the suit property as mentioned above and the respondent/ plaintiff paid Rs. 5,000/- in advance on the date of execution of the agreement. The property was agreed to sell for a cash consideration of Rs. 90,000/- and it is mentioned in the agreement that the remaining amount is to be paid in the month of January, 1998. The possession of the land was handed over to the respondent

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