SITARAM AGRAWAL Vs. DROPATI BAI

JUDGEMENT

(1.) This appeal is preferred against judgment and decree dtd. 5/7/2007 passed by Eight Additional District Judge (FTC), Raipur (CG) in a Civil Suit No.2A/2006 wherein the said Court dismissed the suit for specific performance of contract but awarded decree in favour of the appellant and against the respondents for refund of earnest money to the tune of Rs.20,000.00 with interest.

(2.) Heard on application filed under Order 41 Rule 27 of Code of Civil Procedure.

(3.) By this application, the appellant seeks to file revenue record of the land in question which was not filed before the trial court. As the suit is filed for specific performance of contract and no record of right was produced before the trial Court, record of right is required for the Court to ascertain as to whether the persons entered into the agreement of sale were the owners of the property in question and they were competent to alienate the property in question.