C A V Judgment

Per Radhakishan Agrawa l J.

(1) Challenge in this appeal filed under Section 96 read with Order 44 Rule 1 of the Code of Civil Procedure, 1908 by the appellant/ defendant is to the judgment and decree dated 26/08/2013 passed by the District Judge, Rajnandgaon (C.G.) in Civil Suit No. 03/A/2011; whereby the suit for specific performance of contract filed by the respondent/plaintiff was allowed.

(2) The averments in the plaint, in brief, are that the defendant entered into a written agreement dated 03/10/2009 with the plaintiff for sale of his house bearing Nazul Sheet No. 48-A, Plot No. 179, Area 54 Square Meters, situated at Juni Hatri, Rajnandgaon (in short “disputed house) for an amount of Rs. 11 Lakhs and out of the said amount the defendant obtained Rs. 11,000/- cash and account payee cheque of Rs. 40,000/-. According to the said agreement, sale deed was to be executed by the defendant by 31/03/2010. However, on 22/03/2010 the defendant sent a notice through his wife and minor son to the plaintiff stating therein that the disputed house being ancestral property, the defendant has not right to sell the same. Thereafter, the plaintiff sent a notice to them for doing