CAV JUDGMENT

For convenience the plaintiff-purchaser would be referred to as the appellant and the dependent-seller as the respondent.

2. Challenge in this appeal filed under Section 96 of Code of Civil Procedure, 1908 (for short ‘CPC’) is to the judgment dated 23.02.2010 and decree dated 03.03.2010 passed in Civil Suit No.47-A/09 passed by the Additional District Judge (FTC) District Durg C.G (for short ‘Trial Court’). By the impugned judgment and decree, the trial Court has dismissed the suit filed by the appellant for specific performance of agreement.

3. Facts of the case in nutshell are that the appellant filed a suit for specific performance of agreement against the respondent. It was pleaded in the plaint that the respondent and the appellant know each other. The respondent entered into an agreement (Ex.P/1) with the appellant to sell his property comprising of Plot No.40/d/10 area 1000 sq. ft. situated at Bhilai District Durg for a consideration of Rs.2,35,000/-. In this respect, an agreement was executed on 15.03.2007 and an advance amount of Rs.35,000/- was paid by the appellant to the respondent. It was further pleaded that the rest of the amount was to be paid at the time