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HIGH COURT OF CHHATTISGARH
Goutam Bhaduri, Radhakishan Agrawal, JJ
Rishabh Kishore Gupta – Appellant
Versus
Subal Dey – Respondent
| Table of Content |
|---|
| 1. entry into agreements for land sale. (Para 1 , 2) |
| 2. defendant's denial and counter-claims. (Para 3 , 4) |
| 3. legal arguments and evidence presented. (Para 5 , 6) |
| 4. court's assessment of agreements and evidence. (Para 8 , 10) |
| 5. final ruling and adjustments for refunds. (Para 11 , 12) |
Per Radhakishan Agrawal, J.
1. By way of this First Appeal under Section 96 of Code of Civil Procedure (hereinafter referred to as 'CPC'), the appellant / plaintiff has called in question the legality and validity of the impugned judgment and decree dated 28.02.2019 passed by the learned 1st Additional District Judge, Dantewada, District South Baster, Dantewada, C.G. in Civil Suit No.19-A/2015, whereby the suit for specific performance of contract filed by the plaintiff has been dismissed and he was held entitled for refund of only Rs.1,50,000/-. During pendency of this appeal, defendant No.1 Subal Dey died on 05.10.2022 and thereafter vide order dated 27.03.2023, his legal heirs were permitted to be brought on record. For the sake of convenience, the parties shall hereinafter be referred to as per their description before the trial Court.
2. Case of the plaintiff is that he
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