Shankarlal Bijreja v. Ashok B. Ahuja - 2011 Supreme(Online)(Chh) 105

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(Chh) 105

CHHATTISGARH HIGH COURT
Judge, J
Shankarlal Bijreja v. Ashok B. Ahuja

Advocates:
For the Appellants/Petitioners: B. P. Sharma
For the Respondents: Surana

Table of Content
1. aggrieved party appeals from trial court decision. (Para 1 , 2)
2. appellant argues time is not essence; respondent contested readiness. (Para 3 , 4)
3. court assesses facts surrounding contract performance. (Para 5 , 6 , 7)
4. time is not of the essence in immovable property transactions; appellant failed to show readiness. (Para 8 , 10 , 11 , 12)
5. court allows refund despite no explicit request. (Para 14 , 15)

1. Being aggrieved by the judgment and decree dated 28th July, 2007 passed by IXth Additional District Judge (FTC), Raipur in Civil Suit No. 45 - A / 2004 dismissing the suit filed by the appellant / plaintiff for specific performance of the contract and permanent prohibitory injunction against the respondents / defendants, the appellant has filed this appeal under S.96 of the Code of Civil Procedure.

2. Facts giving rise to this appeal briefly are as follows:
i. By an agreement for sell (Ext. P1) dated 18-6-2003 entered into between the appellant as purchaser and the respondent as vender, the respondent agreed to sell the suit property comprising of Nazul Land and house No. 21/587 and 21/588 (new No. 5/587 and 5/588) Khasra Nos. 363 and 372 area about 13,00