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2021 Supreme(Chh) 67

SANJAY S.AGRAWAL
Vijay Laxmi D/o Late Shri Jagdish Prasad – Appellant
Versus
Beduram S/o Kolhau – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Somnath Verma.
For the Respondent: Shri Devesh Verma.

JUDGMENT :

SANJAY S. AGRAWAL, J.

1. This appeal has been preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) questioning the legality and propriety of the judgment and decree dated 25.01.2012, passed in Civil Suit No. 21-A/2011, whereby the learned trial Court has dismissed the Plaintiff's claim for specific performance of contract. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

2. Briefly stated, the facts of the case, are that the Plaintiff instituted a suit claiming specific performance of contract submitting, inter-alia, that an agreement to sale was executed by Defendant No. 1 in her favour on 13.05.2010 with regard to the part of his Khasra No. 1026, admeasuring area 0.73 acres situated at village Dagori, Tahsil Bilha, District Bilaspur (CG), agreeing to alienate the same for a consideration of Rs. 2,20,000/- upon receiving earnest amount of Rs. 25,000/- from her by delivering the possession of it. It is pleaded in the plaint that as per the terms and conditions stipulated therein, the registered deed of sale was required to be executed within a period o

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