BHAGAT RAM AND OTHERS Vs. KALSI ALIAS KALESH RAM
HIGH COURT OF CHHATTISGARH
Bhagat Ram And Others
Kalsi Alias Kalesh Ram
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Vijay Kumar Shrivastava, J. -
(1.) This appeal has been directed against the judgment and decree dated 1-8-1996, passed by IInd Additional District Judge, Raigarh, in Civil Suit No. 15-A/95, vide which the suit filed by the respondent for specific performance of contract has been decreed.
(2.) Admittedly, the suit land along with the kachcha house (made of mud) is situated in Khasra No. 309/4, 309/2, 122, 484 total area 3.35 acres at Village Kawriha. Tahsil and District Raigarh. The appellants were the owners of the suit land and house. On 7-6-1990, the appellants agreed to sell the suit property to the respondent for a consideration of Rs. 62,000/- and executed an agreement to sell after receiving an advance of Rs. 34,000/-. The appellants agreed to receive the remaining amount by forthcoming Fagun Purnima and to execute a registered sale-deed in favour of the respondent. Subsequently, the appellants extended the period upto 18-3-1992.
(3.) The respondent, averring that, the suit property has been purchased by him from the appellants for a consideration of Rs. 62,000/- on 7-6-1990 under an agreement executed by the appellants, who have received the advance of Rs. 34,000/- towards the transaction, delivered possession of the suit land and house to the respondent and agreed to receive the remaining amount of Rs. 28,000/- by forthcoming Pagan Purnima. Before the scheduled time, the respondent paid Rs. 18,000/- and was ready for payment of remaining amount of Rs. 10,000/- at the time of registration of deed and made a request to the appellants 10 execute the registered sale-deed but the appellants always avoided to execute the registered sale-deed and afterwards attempted to sell the suit property elsewhere.;
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