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2022 Supreme(Chh) 310

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Nitendra Kumar Awasthi S/o Late Heeralal Awasthi – Appellant
Versus
Kamal Kishore Chhabra S/o Hajarilal – Respondent


Advocate Appeared:
For the Appellant :Mr. Manoj Paranjape, Advocate with Mr. Anshul Tiwari, Advocate
For the Respondent:Mr. Prafull N. Bharat, Sr. Advocate with Mr. Harshal Chouhan & Mr. Tanmay Thomas, Advocates

JUDGMENT :

Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment and decree dated 20-1-2017 passed by the Fifth Additional District Judge, Bilaspur, in civil suit No.354-A/2014 whereby the suit for specific performance was decreed in favour of the respondent/plaintiff.

2. The instant appeal is by the legal heirs of original seller namely; Late Heeralal Awasthi (died on 14-10-2012), who entered into an agreement for sale of a land to the plaintiff/respondent No.1.

3. The suit was filed by the plaintiff against the legal heirs of Heeralal Awasthi (since deceased). The suit having been decreed in favour of the plaintiff, the instant appeal is by the legal heirs of Heeralal. The plaintiff Kamal Kishore Chhabra filed a suit for specific performance of contract against the legal heirs of Heeralal, pleading, inter alia, that on 3-10-2011 the plaintiff entered into an agreement with Heeralal to purchase the plot bearing No.21 & 22/2 admeasuring 629 sq.ft. for a sale consideration of Rs.16,94,000/-. Late Heeralal wanted to sell the property and in lieu thereof part performance amount of Rs.2.00 lacs was received and thereafter an agreement was executed. Subsequently, Heeralal died o

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