CHHATHSGARH HIGH COURT
A.S. Naik, J
Sanjeev Yadav v. Aiaswariy Mandavi
1. This appeal is directed against the impugned judgment and decree dated 11.09.2015 passed in Civil Suit No.04 - A / 2014 by District Judge, Dhamtari whereby, the appellants suit for grant of decree of specific performance has been dismissed.
2. Appellants / plaintiff filed a suit seeking decree of specific performance of contract on the pleadings that the defendant No.1 had entered into an agreement to sell the disputed property on 28.06.2013 (Ex.P / 3) for a consideration of Rs.78,00,000/- (Rs. Seventy - Eight Lac only), out of which Rs.21,00,000/- (Rs. Twenty - one lac only) were paid in advance. Later on, another agreement dated 28.12.2013 (Ex.P / 4) was executed, under which, the period within which the balance amount was to be paid, was extended and the plaintiffs paid a further amount of Rs.6,00,000/- (Rs. Six Lac only). Thus, total amount of Rs.27,00,000/- (Rs. Twenty - Seven Lac only) were paid by the plaintiff to the defendant No.1 from time - to - time at the time of execution of two agreements. Under the agreement, there were specific conditions requiring the defendant to obtain permission from the competent authority for sale of land and also to get the property relea
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