CHHATTISGARH HIGH COURT
*Manindra Mohan Shrivastava, Vimla Singh Kapoor, JJ.
Chandan Tripathi v. Neelima Pandey
| Table of Content |
|---|
| 1. appeal pertains to specific performance in a land sale. (Para 1 , 2 , 3) |
| 2. arguments presented regarding plaintiff's willingness. (Para 6 , 8) |
| 3. continued readiness is essential for specific performance. (Para 10 , 11) |
| 4. court found plaintiff did not show readiness. (Para 12 , 18) |
| 5. final decision dismissing the appeal. (Para 19 , 20) |
1. Heard.
This appeal is directed against impugned judgment and decree dated 22.08.2015 passed by the Sixth Additional District Judge, Bilaspur in Civil Suit No.6A of 2013, by which, appellant's prayer for decree of specific performance of contract has been partly allowed.
2. The appellant/plaintiff filed a suit for grant of decree of specific performance on the pleadings, inter alia, that the defendant had entered into an agreement of sale on 26.03 2010 (Ex P/1) with the plaintiff for sale of 2 parcels of land, one situated in Kh. No.725/15 admeasuring 2028 sq.ft. and the other situated in adjoining Khasra. No.725/13 admeasuring 1934 sq.ft. An advance of Rs.5,00,000/- was also paid to the defendant and it was clearly agreed to between the parties that whatever actual extent of land is found on the spot, in possession of the defendant,
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