S.K.KULSHRESTHA, A.K.MATHUR
Mahesh Chandra Gupta – Appellant
Versus
A. K. Mishra – Respondent
Kulshrestha, J. -- 1. This appeal under clause 10 of the Letters Patent, has been filed against the Judgment and decree passed by the learned Single Judge in First Appeal No.3 of 1990, by which the decree of specific performance of contract of sale passed by the learned Second Additional Judge to the Court of District Judge, Bilaspur, in Civil Suit No. 13-A of 1982, has been affirmed.
2. A suit for specific performance of contract of sale of the land measuring 65,000 Sq.ft. of Kh. Nos. 449/1 and 449/3 in village Ameri (now within the limits of Municipal Corporation, Nilaspur) was filed by the respondent (plaintiff) on the basis of an agreement dated 1.9.1980 against the appellant No. 1 as the vendor and against the respondent No.2 as subsequent transferee of the land. It is not disputed that the appellant No. 1, an advocate and a notary, is engaged in real estate business and deals in sale and purchase of properties. It is also not disputed that the appellant No. 1 had entered into an agreement dated 1.9.1980 for sale of land measuring 65,000 Sq. ft. out of the land comprised in Kh. No. 449/1 and 449/3 at the rate of Re. 1.10 per Sq. ft. and had received a sum of Rs. 6,000/-
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