JUDGMENT

1. Appellant has preferred this Appeal against the impugned judgment and decree dated 31-07- 2006 passed by 11th Additional District Judge, FTC, Raipur in Civil Suit No.9-A/2006 whereby and whereunder he partly disallowed his suit.

2. This is admitted by respondents that they are legal heirs of late Manglu Verma, who died on 20.07.2003 at village Nimora.

3. In brief, the appellant''s case is that late Manglu Verma was the owner of a house and courtyard situated at village Nimora which are the disputed property. During his lifetime, he executed written agreement with him on 11-12-2000 to sell disputed property for consideration Rs.65,000/-. He paid him Rs.14,010/-. Thereafter, he paid him Rs.6,000/-, Rs.2,500 on account of remaining consideration. He was ready and willing to execute registered sale deed. He made several requests to him and he always assured him. On 09.03.2002 he gave notice to him but he did not reply. After the death of Maglu Verma he requested the respondents to execute the registered sale deed but they did not do so.

4. In brief, the respondents'' case is that the relief of specific performance is discretionary and cannot be claimed as a matter of right.