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2022 Supreme(Chh) 456

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Lalan Singh S/o Parmeshwar Singh – Appellant
Versus
Balram Kerketta S/o Late Manglu Kerketta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Priyanka Mehta, Advocate.
For the Respondent: Shri Sunil Tripathi and Shri Apoorv Tripathi, Shri Neeraj Pradhan, PL.

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. This appeal is against the judgement and decree dated 7th October, 2017 passed by the Court of District Judge, Ambikapur in Civil Suit No. A/14/2011 wherein suit filed by the appellant/plaintiff seeking specific performance of contract as also for cancellation of sale deed made in favour of Sujit Singh (defendant No.2)respondent No.7 herein be declared null and void and agreement for sale dated 23/08/2010 be executed for enforcement of sale deed in his favour.

2. The brief facts of this case as pleaded is that the plaintiff Lalan Singh entered in to an agreement with late Manglu for purchase of land bearing khasra No.273, 289, 290, 287 & 288 admeasuring 0.121, 0.299, 0.166, 0.214 & 0.146 respectively total five plots, total area 0.946 hectare for a consideration of Rs.16 lakhs. The agreement Ex.P-1 was executed on 23rd August, 2010. The agreement was registered with Sub Registrar office. The plaintiff contended that out of sale consideration of Rs.16 lakhs, Rs.5 lakhs was paid as earnest money. The plaintiff contented that 16 point form was required to be submitted as per the norms of the State Government to get the sale deed registered, the same

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