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IN THE HIGH COURT OF CHHATTISGARH
R.C. Sharma, J
Durga Education Society – Appellant
Versus
M/s. Saroj Screens Private Limited – Respondent
| Table of Content |
|---|
| 1. defendant's appeal against specific performance due to purported lack of authority. (Para 1 , 2 , 3 , 4) |
| 2. contentions around authority and valuation of land were presented. (Para 6 , 8 , 9 , 10) |
| 3. validity of the agreements scrutinized due to lack of board approval. (Para 11 , 12 , 18) |
| 4. court's reasoning reflects discretionary powers and societal interests in denying performance. (Para 21 , 22 , 23) |
1. This is the defendant's First Appeal under S.96 of the CPC assailing the legality and validity of the judgment and decree rendered by the trial Court / District Judge, Raipur decreeing the plaintiff's suit for specific performance holding that the plaintiff is entitled to get executed the sale deed upon payment of balance sale consideration of Rs.11 lakhs to the defendants.
2. PLEADINGS
The plaintiff's case, as projected in the plaint filed on 5.2.1991 is that the suit plot bearing Khasra No.280/2, Mouja Baijnath Para, Mahal No.2, Raipur, ad measuring 30,560 square feet has a building named as Amardeep Talkies, which is run by the plaintiff. The plot is owned by the defendant No.1, a Society registered under the CG Society Registrikaran Adhiniyam, 1973 (for short 't
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