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2025 Supreme(Chh) 279

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Ramesh Jadwani (Died) Through Lrs – Appellant
Versus
Keshav Sahu S/o Shri Pusau Ram Sahu – Respondent


Advocates Appeared:
For the Appellant :Mr. Parth Kumar Jha, Advocate
For the Respondent:Mr. Pankaj Singh, Advocate

ORDER :

Amitendra Kishore Prasad, J.

1. The present First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) being aggrieved by the judgment and decree dated 27.03.2017 (Annexure A/1) passed by the Fourth Additional District Judge, Raipur, in Civil Suit No. 83-A/2015, whereby the learned trial Court has partly allowed and partly dismissed the suit, hence, the appellant has preferred the present appeal before this Court.

2. The plaintiff’s case, in brief, is that the defendant is the owner of the suit house, an LIG unit situated on Khasra No. 293/1 under R.D.A. Scheme No. 27 at Shailendra Nagar, Raipur. The defendant allegedly entered into an agreement to sell the said property to the plaintiff for a total sale consideration of Rs. 25,00,000/-. Out of the agreed amount, the plaintiff claims to have paid Rs. 10,00,000/- as part sale consideration. It was further agreed between the parties that the defendant would evict the tenant residing in the suit premises within six months and would obtain requisite permissions from the Raipur Development Authority (R.D.A.) for freehold conversion and sale of the property. The plaintiff asserts that he has always been ready

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