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CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J
Diwakar Mullick v. Kumari Ganga Khandelwal and Another
| Table of Content |
|---|
| 1. overview of the appeal and background facts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defendants' denial of claims and the issues of document authenticity. (Para 6 , 7 , 8 , 10) |
| 3. discussion on plaintiff's evidential support and defendants' counterarguments. (Para 11 , 12 , 18 , 19 , 20) |
| 4. court's conclusion on dismissal based on suspicious contract nature. (Para 15 , 29 , 39) |
| 5. examining the validity of the oral agreement and specific performance requirements. (Para 17 , 21 , 22 , 23) |
1. The present appeal under S.96 of Code of Civil Procedure has been preferred against the judgment and decree passed in Civil Suit No. 7 - A / 2005 dated 24-10-2007 by the District Judge, Rajnandgaon.
2. The brief facts relevant for adjudication of the First Appeal is that the Appellant - Plaintiff Diwakar Mullick had filed a suit for specific performance seeking enforcement of an oral agreement for sale in pursuance of which a money receipt dated 30-3-2005 was issued in part payment and also sought relief of permanent injunction. The dispute pertains to 1500 Sq. ft. land situating in Sheet No. 48, Plot No.52 in Ramadhin Marg, Rajnandgaon (hereinafter referred as suit property).
3. The Appellant
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