JUDGMENT :

Abhay Manohar Sapre, J.

1) We have perused the Office Report dated 10.10.2014. It discloses that despite last opportunity granted to the respondent, he has not filed any counter affidavit till date. Today, when the matter was taken up for hearing, there was no representation for the respondent. Therefore, we proceed to decide the appeal on merits.

2) Leave granted.

3) This is a civil appeal filed by the plaintiff against the judgment/decree dated 21.03.2013 passed by the single Judge of the High Court of M. P., Indore Bench in First Appeal No. 173 of 1999, which in turn arises out of the judgment and decree dated 27.02.1999 passed by the second Additional District Judge, Mandsaur in Civil Suit No. 36A/97.

4) In order to appreciate the short issue involved in this appeal, it is necessary to state a few relevant facts:

5) The appellant (plaintiff) filed a civil suit in the Court of second Additional District Judge, Mandsore being Civil Suit no. 36A/97 against the respondent (defendant) for specific performance of the contract for purchase of house bearing no. 9, situated at Madhavganj Mandsaur (herein after referred to as "the suit house”). According to the appellant, the