GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Sunder Devi Vyas Wd/o Late Jai Shankar Vyas – Appellant
Versus
Satyawati Singh W/o Late Sudhir Singh Thakur – Respondent
JUDGMENT :
GOUTAM BHADURI, J.
1. Challenge in this appeal is to the judgment and decree dated 30.11.2017 passed by the Fourth Additional District Judge, Raipur, to the Court of First Additional District Judge in Civil Suit No. 55-A/2012 whereby the suit for specific performance brought by the plaintiff/appellant was dismissed.
2. The facts, in brief, are that the plaintiff No. 1 Sunder Devi Vyas is the wife of Late Jai Shankar Vyas; plaintiffs No. 2 and 3 Devendra Kumar Vyas and Hitendra Kumar Vyas are the sons and plaintiffs No. 4 and 5 Smt. Bhagwati Devi Bohra and Smt. Vijay Laxmi Purohit are the sons and daughters of Late Jai Shankar Vyas. The suit property is situated at Lane No. 2, Rajeev Gandhi Ward, Fafadih, Raipur, bearing khasra No. 280 (Part), Plot No. 1/51 (Part), Sheet No. 20 admeasuring 2645 sq. ft. wherein on the ground floor construction over 1366 sq. ft. was made and in the first floor construction over 870 sq.ft. was made. As per the plaint averments, agreement of purchase of the said house was entered with Sudhir Kumar Singh for a sale consideration of Rs. 15.00 lacs and along with it movable property attached to it was valued to Rs. 7.00 lacs was also agreed to be s
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