2025:CGHC:58742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 130 of 2016

1 - Smt. Laxmi Jain Wd/o Late Pannalal Jain, Aged About 52 Years R/o Ward No.2, Station Road, Mararpara, Balod, Tahsil and District- Balod, Chhattisgarh, Chhattisgarh

2 - Nitin Jain S/o Late Pannalal Jain, Aged About 27 Years R/o Ward No.2, Station Road, Mararpara, Balod, Tahsil and District- Balod, Chhattisgarh, District : Balod, Chhattisgarh

3 - Smt. Neha Jain D/o Late Pannalal Jain, Aged About 30 Years W/o Swapnil Jain, R/o Goal Bazar, Khairagarh, District- Rajnandgaon, Chhattisgarh ................Plaintiffs, District : Rajnandgaon, Chhattisgarh ... Appellants versus

1 - Smt. Dali Bai W/o Hemlal Sahu, Aged About 50 Years R/o Ward No. 14, Sindhi Colony, Balod, Tahsil and District- Balod, Chhattisgarh, Chhattisgarh 2 - Hemlal S/o Govind Sahu, Aged About 54 Years R/o Ward No. 14, Sindhi Colony, Balod, Tahsil and District- Balod, Chhattisgarh, District : Balod, Chhattisgarh 3 - State of Chhattisgarh, Through The Collector, Balod, Tahsil And District Balod, Chhattisgarh ................Defendants, District : Balod, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Appellants : Mr. Malay Shrivastava, Advocate. For Respondents No.1 and 2: Mr. Amit Kumar Sahu, Advocate.

For State : Mr. Neeraj Sharma, Deputy Advocate General.

Hon'ble Shri Justice Ravindra Kumar Agrawal, J.

Judgment on Board

03-12-2025 MOHAMMED AADIL KHAN Date: 2026.02.24 judgment and decree dated 15-01-2016 passed by the learned First Additional District Judge, Balod in Civil Suit No.21A/2014 whereby the civil suit filed by the plaintiff for specific performance of contract dated 08-09-2011 has been dismissed.

2. The plaintiff has filed a civil suit for specific performance of the contract dated 08-09-2011 and in alternative refund of Rs.2,00,000/- which was allegedly paid to the defendant No.1 on 08-09-2011. The plaintiff has pleaded in the plaint that the suit land Khasra No.136/1 area 0.35 hectare, situated at Village Sivani, P. H.No.21, Tahsil and District Balod was recorded in the name of defendant No.1 in the revenue records. Some part of the land was already sold by defendant No.1 and a piece of land admeasuring 12.85 dismil is remaining. The defendant No.1 had entered into a sale the land with Panna Lal Jain (since dead) on 08-09-2011 for a total consideration of Rs.14,01,000/- and out of total sale consideration Rs.51,000/- was paid as advance amount. Out of total sale consideration Rs.5,50,000/- was again paid on 14-09-2011 and it was agreed between the parties that remaining sale consideration would be paid at the time of registration of the sale deed. The sale deed was to be registered upto to 10-10-2011 in the name of the plaintiff or any other’s name on his instruction. It is also case of the plaintiff that under the terms of agreement they have also paid Rs.2,00,000/- to defendant No.2 on 12-10-2011 and obtained his acknowledgment and remaining amount Rs.6,00,000/- was paid to them on 14-02-2012 at the time of execution of power of attorney. The plaintiff has got executed the sale deed in favour of his son Nitin Jain on 14-06-2013 with respect to 11 dismil of land out of 12.85 dismil of land. It was also the case of the plaintiff that there was oral agreement with the defendants that 1.85 dismil land is to be left over by the parties for access way and as its consequence Rs.2,00,000/- would be left over by the defendants as its consideration. Since the defendants have not paid any amount to the plaintiff and not handed over the possession of the land, he served a legal demand notice through their counsel on 29-01-2014. The legal notice was replied by the defendants that out of total sale consideration of Rs.14,01,000/-, Rs.6,00,000/- is remained to be paid to them and thus, the present civil suit has been filed by the plaintiff for specific performance of the contract.

3. Contesting the claim of the plaintiff, the defendants have filed their written st