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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

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 13,000 Sq. Ft., situated at Ram Sagar Para Ward No. 5, Raipur Patwari Halka No. 6, Tehsil and Distt. Raipur at the rate of Rs. 185 per Sq. Ft., for total consideration of Rs. 24,00,000/- along with godown standing thereon. Prior to execution of above agreement Ext. P1, the appellant paid Rs. 5 lacs (Rs. 3 lacs in cash and Rs. 2 lacs by two cheques) as earnest money. Under Clause (1) of the said agreement, the sale deed was to be exec




































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