JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.09.2010 passed by the High Court of Judicature at Allahabad in Second Appeal No.836 of 2010 by which the High Court has allowed the said Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “CPC”) and has quashed and set aside the judgment and decree for specific performance of the Agreement confirmed by the First Appellate Court, the original plaintiff has preferred the present Appeal.

2. The facts leading to the present appeal in nut-shell are as under:

2.1 That, one Ram Singh executed the agreement to sell in favour of original plaintiff – Sughar Singh to sell the suit land for a total sale consideration of Rs.56,000/-. Rs.25,000/-was received by the executant as a part sale consideration at the time of the agreement. The said agreement to sell was executed on 10.10.1976. At this stage it is required to be noted that at the relevant point of time agreement to sell was not required to be registered. As per the sale agreement the sale deed was to be executed within a period of 2 years. The time period of 2 years was extended at the instance of the ven