Order on Board

01.09.2023 This appeal under Section 96 of the Code of Civil Procedure, 1908 (for short CPC) has been fled being aggrieved by the judgment and decree dated 06.10.2010 passed in Civil Suit No. 3-A/2007 passed by the Court of Seventh Additional District Judge, Raipur, CG. By the impugned judgment and decree the suit fled by the appellant / plaintif for specifc performance of contract was dismissed. For sake of convenience, the parties are referred to in their respective position before the trial Court.

2. Facts of the case in brief is that plaintif fled a suit for specifc performance of agreement perpetually executed by and between the plaintif and the defendant No. 1 in respect of suit property comprised piece of Khasra No. 33/7 area 0.086 hectare and Khasra No. 320/3 area 0.543 hectare situated at P.H. No. 72/15 village Ramchandi Baronda, R.I. Circle Mandir Hasod, Tahsil Aarang, District Raipur, CG. (Agriculture Land).

3. As per pleading of the plaint the defendant No. 1 contacted the plaintif for sale of the suit property for the purposes of medical treatment of his ailing son. In view of that agreement to sale dated 25.01.2002 was executed and the entire sale conside