V PADMAVATHI Date: 2026.02.17

2025:CGHC:61974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 194 of 2018 Kulwant Singh Raina S/o Late Guruvachan Singh Aged About 62 Years R/o Ward No.17 Manendragarh District Koriya, Chhattisgarh (Defendant No.1), District : Koriya (Baikunthpur), Chhattisgarh ... Appellant/defendant-1 versus

1 - Ramnaresh Patel S/o Rampati Patel Aged About 39 Years R/o Joda Talaab, Near Shiv Mandir, Manendragarh, District Koriya, Chhattisgarh (Plaintiff)

2 - State Of Chhattisgarh Through Collector Baikunthpur District Koriya, Chhattisgarh (Defendant No.2)

3 - Amarnath Vishwakarma S/o Jhalluram Vishwakarma R/o Ward No.4 Tehsil Manendragarh District Koriya, Chhattisgarh (Defendant No.3)

... Respondents /Defendants (Cause title is taken from the CIS)

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For Appellant : Shri Shakti Raj Sinha, Advocate For Respondent/State : Shri Ajay Kumrani, PL For Respondent-1 : Shri Vivek Kumar Tripathi, Advocate For Respondent-3 : Shri Parag Kotecha, Advocate ------------------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board

15.12.2025

1. This appeal under Section 96 of the CPC has been filed by defendant-1 against the impugned judgment and decree dated 26.02.2018, passed by the learned Second Additional District Judge, Manendragarh, District-Koriya in Civil Suit No.3A of 2012, whereby, the Civil Suit for specific performance of the contract dated 15.12.2009 has been decreed in favour of the plaintiff.

2. The plaintiff has filed a suit for specific performance of the contract dated 15.12.2009 with the pleading that defendant-1 entered into contract to sell his land bearing Khasra No. 217/10, area 2100 Sq.ft (30x70) out of total area 1.062 Hectare situated at Ward No.17, Municipal Council, Manendragarh, District Koriya, having four corners of land of Mittal in north side, remaining land of seller on southern side, common access road on eastern side, and the land of Amir Chand Dhingra on western side, @ Rs.70 per sft., and an agreement was executed on 15.12.2009 and paid Rs.10,000/- as advance amount against the total sale consideration. The remaining amount of sale consideration was to be paid within 16 months from the date execution of the agreement. It is also pleaded that the suit land was recorded in name of co-owners jointly, and it was the defendant burden to obtain no objection from the co- owners, and then to execute the sale deed. The plaintiff was regularly in touch with the defendant-1 and requested to execute the sale deed but he evaded the same. In the month of January, 2011 the plaintiff came to know that the out of total land of khasra no. 217/10 defendant-1 is either registered or going to register the sale deeds in favour of the some other persons, then he again contacted defendant-1 for execution of sale deed under agreement dated 15.12.2009, but the plaintiff denied to execute the sale deed @ Rs.70 per Sq.ft but the defendant further quoted the rate of Rs.110 per Sq.ft Since defendant-1 has not executed the sale deed in his favour as per the agreement, he served a legal notice on 08.03.2011, despite that defendant-1 has not executed the sale deed. Subsequently, plaintiff came to know that the defendant-1 has sold the suit land to one Amarnath Vishwakarma, and therefore, he has also been made as a party defendant, and filed suit for specific performance of the contract dated 15.12.2009, and for declaration of the sale deed dated 12.12.2011, executed in favour of defendant-3 as null and void.

3. Defendant-1 contested the claim of the plaintiff, and filed his written statement in which he denied the plaint averment and pleaded that though there was an agreement to sell the land @ Rs.70 per sft with respect to land of 2100 sft (30 x 70) sft , which was the prevailing rate in the year 2009, but the plai