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CHHATTISGARH HIGH COURT
S. K. Sinha, J.
Viseshar Yadav v. Govind Swami.
| Table of Content |
|---|
| 1. defendant's appeal details and background of the suit. (Para 1 , 2 , 3) |
| 2. arguments regarding the joint nature of property. (Para 4 , 5 , 6) |
| 3. evidence on property ownership and partition. (Para 7 , 8) |
| 4. court's analysis on the validity of specific performance agreements. (Para 9 , 10 , 11 , 12) |
| 5. proof of agreement and repayment obligations. (Para 13 , 14 , 15) |
| 6. final ruling by the court. (Para 16) |
1. This is the defendant's first appeal filed u/S. 96 of the Code of Civil Procedure . It arises out of the judgement and decree dated 14-10-1993 passed by second Addl. District Judge, Bilaspur, in Civil Suit No. 3-A/1990. By the said judgement and decree, the trial Court decreed the suit for specific performance of an agreement dated 30-5-1988.
2. The brief facts are that the plaintiff filed a suit for specific performance of the aforesaid agreement dated 30-5-1988 allegedly entered into between the plaintiff and defendant for sale of a house situated in Talapara, Bilaspur, for a consideration of Rs. 25,000/-. The plaintiff inter alia pleaded that after entering into the written agreement dated 30-5-1988 (Ex. P. 1), a sum of Rs. 5000/- was received as an advance by t
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