TIRATH S. THAKUR, J.

( 1 ) THIS is a plaintiffs appeal arising out of a suit for specific performance of an Agreement to Sell. The Court below has by its Judgment and decree dated 22-12-1993 dismissed the suit holding that the alleged agreement set up by the plaintiff did not in law constitute an agreement to sell the suit schedule property. The facts giving rise to the institution of the suit and the filing of the present appeal may be summarized as under :

( 2 ) ). The Plaintiff-appellant herein filed O. S. No. SO/1991 for specific performance of what according to him was an agreement to sell the suit schedule property. The Plaintiffs case was that the defendants-respondents herein had received a sum of Rs. 2,50,000/ - towards part payment of a total consideration of Rs. 3 lakhs for the transfer of the schedule property in his favour. His further case was that the agreement executed between the parties stipulated that the defendants shall execute a Sale Deed in respect of the suit property within a period of twelve months from the date of the execution of the agreement. According to the plaintiff, the agreement also contained a clause giving an option to the defendants to retain t

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