C A V Judgment

Per Rajani Dubey, J.

1. The instant appeal has been filed by the appellants challenging the judgment and decree dated 30.01.2023 passed by learned Additional District Judge, Raipur, District- Raipur in Civil Suit No. 83-A/2013 whereby the learned trial Court dismissed the suit filed by the plaintiffs for specific performance of contract.

2. The admitted fact of the case is that the suit was filed by the plaintiffs before the Court of VIII Civil Judge Class-II, Raipur against the defendants for grant of declaration and permanent injunction on the basis of an agreement dated 25.11.2008 in respect of the disputed property but the same was returned by the Court for lack of pecuniary jurisdiction.

3. The pleadings made in the plaint by the plaintiffs, are that the defendants and the son of defendant No. 1 and brother of defendant No. 2 namely Ashwani Bapat, were entered into agreement of sale with the plaintiffs for sale of their house Nos. 156, 157 and 158, total area 934 Sq. Ft. situated at Satti Bazar, Sadar Bazar, Ward No. 39, Tahsil and District Raipur. Initially, they entered into an agreement to sale of the said houses with the plaintiffs on 07-11-2006 for the total co