GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Nitendra Kumar Awasthi S/o Late Heeralal Awasthi – Appellant
Versus
Kamal Kishore Chhabra S/o Hajarilal – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.