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2022 Supreme(Chh) 106

NARENDRA KUMAR VYAS
Anil Kumar Dixit S/o Laxmi Narayan – Appellant
Versus
Ram Sahai (dead) through Legal Heirs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Kishore Bharat, Advocate.
For the Respondent:Mr. Manoj Paranjpe, Advocate along with Mr. Anurag Singh, Advocate, Mr. Sanjeev Kumar Agrawal, GA.

JUDGMENT :

1. The appellant/plaintiff has preferred this first appeal under Section 96 of CPC being aggrieved by the judgment and decree dated 25-10-2005 passed by 2nd Additional District Judge, Raipur (CG) whereby the Civil Suit No. 15-A/2005 filed by the appellant has been dismissed.

2. For the sake of convenience parties would be referred to as per their status shown in the suit filed before the trial Court.

3. Brief facts as reflected from the plaint averments are that the plaintiff/appellant has filed a civil suit on 07-11-1999 before the Civil Judge, Class II, Raipur for declaration and injunction valued at Rs.400/- for declaration and Rs.400/- for permanent injunction, total valued at Rs.800/-. From the plaint the facts would reveal that plaintiff and defendant No.1 on 7-6-1998 executed an agreement for sale of land bearing Khasra No.188/1 and 271 total area 1.582 hectares at village Ghusera, Tahsil and District Raipur for which an advance of Rs.50,000/- was received by defendant No. 1 the remaining part of sale consideration was payable at the time of registration. It has also been pleased that the defendant No.2 Government of Madhya Pradesh has imposed ban on sale of land wit

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