Advocates:
['MALAY SHRIVASTAVA', '', 'RAJEEV SHRIVASTAVA', 'GAGAN TIWARI', 'Prateek Kumar singh', 'KANIKA BANSAL', 'SHASHANK SINGH', 'MANOJ PARANJPE', '', 'VAIBHAV A GOVERDHAN', 'VIKRAM DIXIT', 'Anurag Singh', 'Prasoon Agrawal', 'Bharat Sharma', 'Rashul bhawnani', 'ANSHUL TIWARI', 'A G', 'RAJEEV BHARAT', 'DEVENDRA PRATAP SINGH', 'NEERAJ CHOUBEY', 'DEVENDRA PRATAP SINGH']

1

–--NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Judgment Reserved on : 20/09/2021

Judgment Delivered on : 05/10/2021

FA No. 1 of 2019

 Amit Jain S/o Late Sheetal Chandra Jain, Occupation -

Business, R/o 1881, Mandi Ram Dass, Presently - Makaan No.

3/110, Radha Puram Estate, National Highway No. 2, District

Mathura, Uttar Pradesh. ….........(Plaintiff)

---- Appellant

Versus

1. Late Nemi Chand Jain (Deceased) Through Lrs.

1.1 Dhanya Kumar Jain, S/o Nemi Chand Jain, aged about

80 years, Occuption – Business. Address 1880 Mandi

Ram Das, Mathura, Uttar Pradesh

1.2 - Smt. Meena Jain Wd/o Late Sheetal Jain, Aged About 66

Years, Occupation - Housewife, Address - House No.

3/110, Radha Puram Estate, National Highway No. 2,

District Mathura, Uttar Pradesh. 281004.

1.3 -Kamal Chand Jain S/o Late Nemi Chand Jain, Aged

About 64 Years, Occupation - Business, Address - House

No. 496/497 Street No. 0-5, Guru Ram Das Nagar, Laxmi

Nagar, Delhi. 110092.

1.4 - Smt. Pushpa Jain W/o Late Padamchand Jain, Aged

About

85 Years, Marfat Ashok Kumar Jain,

Occupation - House

Wife, Address - LIF 88 Second

Phase, In Front Of Pani Tank, Mahavidhya Colony,

Mathura, Uttar Pradesh.

281003.

1.5 - Smt. Kanak Gupta W/o S.B. Gupta, Aged About 70

Years,

Occupation - House Wife, House No. 19,

Sector, 5A Behind T T Hospital, Talwandi, Kota,

Rajasthan 324005.

1.6 - Smt. Trishala Jain W/o Ashok Jain, Aged About 65 Years,

Occupation - House Wife, House No. 7, Second Floor,

Budhwa Apartment CC Colony, Kamla Nagar, Delhi -

10007.

2. Rishabh Jain S/o Late Nemi Chand Jain, Aged About 55 Years,

Address - Kamla Vihaar Colony, Masani Road, Tehsil And

District - Mathura, Uttar Pradesh. (Defendant No. 2 Herein).

3. Rosewood Supplier Private Limited Through Its Director,

2

Sardar Manjeet Singh S/o Sri Govind Singh Gumbar, R/o Dayal

Band, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh.

4. State Of Chhattisgarh Through Collector Bilaspur, Tehsil And

District Bilaspur Chhattisgarh.

---- Respondents/Defendants

For Appellant

:

Mr. Rajeev Shrivastava, Sr. Advocate.

With Mr. Malay Shrivastava, Mr.

Sourabh Sahu and Ms. Sonam Shukla,

Advocates.

For Respondents 1 & 2 :

None, though served.

For Respondent No.3

:

Dr. N.K. Shukla, Sr. Advocate with Mr.

Manoj Paranjape, Mr. Arijit Tiwari, Mr.

Anurag Singh and Ms. Deepa Jha,

Advocates.

For Respondent No.4.

:

Mr. Raghavendra Verma, G.A.

Hon'ble Shri Prashant Kumar Mishra, Ag. C.J.

Hon'ble Smt Rajani Dubey, J

CAV ORDER

Per Rajani Dubey, J

01.

Challenge in this First Appeal is to the judgment and

decree dated 25.09.2018 passed in Civil Suit No.41-A/2011 by

5^th Additional District Judge, Bilaspur, District Bilaspur (C.G.)

whereby, the learned Court below dismissed the suit filed by

the appellant-plaintiff for specific performance of agreement

to sell, holding that the appellant-plaintiff has failed to prove

his suit.

02.

It is not in dispute that appellant/plaintiff - Amit Jain is

the grandson of defendant No.1-Nemi Chand Jain (Deceased)

being the son of Sheetalchand Jain, son of defendant No.1-Nemi

Chand Jain. Respondent No.2- Rishabh Jain is the younger son

of

defendant

No.1-Nemi

Chand

Jain

(Deceased).

3

Defendant/Respondent No.1 Nemichand Jain left for heavenly

abode on 19.04.2017 during the pendency of suit.

03.

Brief facts of the case are that appellant-plaintiff is resident

of House No.3/110, Radha Puram Estate, District Mathura (U.P.).

His grandfather, defendant No.1-Nemi Chand Jain (through LRs),

had owned and possessed the piece of land bearing Khasra No.37,

total area 16.50 acre, which is situated at Mauja Pendari, P.H. No.

25, Tehsil Takhatpur, District Bilaspur (C.G.) (hereinafter referred to

as 'Suit Property'). Appellant-plaintiff used to travel Bilaspur and

Raipur often for his business and personal purpose. Appellant-

plaintiff visited Raipur and at the relevant time defendant No.1-

Nemi Chand Ja