AFR HIGH COURT OF CHHATTISGARH, BILASPUR FA No.183 of 2017 {Arising out of judgment and decree dated 20-1-2017 passed by the Fifth Additional District Judge, Bilaspur, in civil suit No.354-A/2014

1. Nitendra Kumar Awasthi S/o Late Heeralal Awasthi, Aged About

58 Years R/o Khaparganj P.S. City Kotwali Bilaspur, Tah. And Distt. Bilaspur, Chhattisgarh

2. Smt. Sikha Pandey W/o Umesh Pandey, Aged About 53 Years D/o Late Heeralal Awasthi, R/o Azad Nagar Masanganj, Bilaspur, District : Bilaspur, Chhattisgarh ---- Appellants Versus

1. Kamal Kishore Chhabra S/o Hajarilal Aged About 45 Years Businessman R/o Tarbahar Deepupara Bilaspur, Tah. And Distt.

Bilaspur, Chhattisgarh

2. Smt. Subhra Mishra W/o Sanjay Mishra, Aged About 57 Years D/o Heeralal Awasthi, R/o Behind Shiv Prasad Stadium Rajnandgaon, Tah. And District Rajnandgaon, Chhattisgarh

3. Smt. Shipra Mishra W/o Jitendra Mishra, Aged About 47 Years D/o Heeralal Awasthi, R/o Near House Of Chhannu Sao Gondpara, Bilaspur, Tah. And Distt. Bilaspur, Chhattisgarh

4. Smt. Shraddha Tiwari W/o Pankaj Tiwari, Aged About 43 Years D/o Late Heeralal Awasthi, R/o Gurunanak Chowk, Torwa Bilaspur, Tah. And Distt. Bilaspur, Chhattisgarh

5. State Of Chhattisgarh, Through Collector Bilaspur, District :

Bilaspur, Chhattisgarh ---- Respondents For Appellant Mr. Manoj Paranjape, Advocate with Mr. Anshul Tiwari, Advocate For Respondent Mr. Prafull N. Bharat, Sr. Advocate with Mr. Harshal Chouhan & Mr. Tanmay Thomas, Advocates Hon'ble Mr. Justice Goutam Bhaduri &

Hon'ble Mr. Justice Deepak Kumar Tiwari Judgment on Board Per Goutam Bhaduri, J.

05-07-2022

1. Challenge in this appeal is to the judgment and decree dated

20-1-2017 passed by the Fifth Additional District Judge, Bilaspur, in civil suit No.354-A/2014 whereby the suit for specific performance was decreed in favour of the respondent/plaintiff.

2. The instant appeal is by the legal heirs of original seller namely;

Late Heeralal Awasthi (died on 14-10-2012), who entered into an agreement for sale of a land to the plaintiff/respondent No.1.

3. The suit was filed by the plaintiff against the legal heirs of Heeralal Awasthi (since deceased). The suit having been decreed in favour of the plaintiff, the instant appeal is by the legal heirs of Heeralal. The plaintiff Kamal Kishore Chhabra filed a suit for specific performance of contract against the legal heirs of Heeralal, pleading, inter alia, that on 3-10-2011 the plaintiff entered into an agreement with Heeralal to purchase the plot bearing No.21 & 22/2 admeasuring 629 sq.ft. for a sale consideration of Rs.16,94,000/-. Late Heeralal wanted to sell the property and in lieu thereof part performance amount of Rs.2.00 lacs was received and thereafter an agreement was executed. Subsequently, Heeralal died on 14-10-2012 and the names of legal heirs of Heeralal were subsequently recorded in the nazul records in the year 2014. After the names of legal heirs were recorded, since sale deed was not being executed as per terms of the agreement, a legal notice was served through the counsel to get the sale deed registered, but eventually the sale deed having not been executed the suit for specific performance was filed. Plaintiff pleaded that he was ready and willing to perform his part of contract but because from initial stage Heeralal was not keeping well, as such, sale deed could not be executed. It was stated that since the legal heirs failed to execute the sale deed, the plaintiff raised a doubt that they wanted to usurp the amount of Rs.2.00 lacs, as such, the suit was filed.

4. The appellant/defendant herein denied the execution of agreement and it was further stated that Heeralal was not the sole and exclusive owner of the land, but the plaintiff wanted to get the sale deed executed in his name on the basis of a forged and fabricated agreement. The defendant claimed for dismissal of the suit.

5. The plaintiff examined himself as PW-1 and one Sadhuram Hirani as PW-2. No evidence was adduced on behalf of the defendant. Learne