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IN THE HIGH COURT OF CHHATTISGARH
Rajani Dubey, Sanjay Kumar Jaiswal, JJ
Chetan Kumar Chandraker – Appellant
Versus
Jitendra Edikar – Respondent
| Table of Content |
|---|
| 1. details of the claim and the context of the agreement. (Para 1 , 2 , 4) |
| 2. arguments regarding the credibility of the evidence presented. (Para 5 , 10 , 19) |
| 3. criteria for specific performance and proofs required. (Para 9 , 21) |
| 4. conclusion allowing the appeal and dismissing the plaintiff's claim. (Para 22 , 23) |
1. This First Appeal has been filed under S.96 of the Code of Civil Procedure , 1908,challenging the decision dated 09 February,2021 passed by the Court of learned Additional District Judge (FTC),Mahasamund, District - Mahasamund, Chhattisgarh in Civil Case No. H - 01B / 2017 "Jitendra Edikar v. Chetan Kumar Chandraker and Others" wherein accepting the claim of plaintiff / Respondent No. 1 Jitendra Edikar, the appellant Chetan Kumar Chandraker was ordered to execute the sale deed of 0.80 hectare of land out of agricultural land Khasra No. 737, area - 1.69 hectare situated in village - Bemcha, Patwari Halka No. - 88/36 Revenue Inspector Circle, Mahasamund, District - Mahasamund in favor of Jitendra Edikar within six months Which was further referred to as the "impunged judgment " and the said 0.80 hectare land is being referred to as the "suit land".
2. The
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