The plaintiff, in a suit for specific performance of contract, is the appellant in this second appeal. Suit was decreed with cost and the defendant was directed to execute a registered sale deed as per the Agreement of Sale in favour of the plaintiff by receiving the balance sale consideration of Rs. 15,000/-. The appeal filed by the defendant was allowed and the suit was dismissed by the Lower Appellate Court. Assailing the said Decree, this second appeal was filed by the plaintiff. For convenience, the parties will be referred with reference to their rank in the suit.

2. The plaintiff’s case, in brief is that:

The suit schedule property was granted to the defendant on 21.07.1994 and he being the absolute owner, executed an agreement dated 17.11.2004, agreeing to sell the suit schedule property for Rs. 30,000/- and received Rs. 15,000/- as advance amount. It was stated that, since there was ‘Non Alienation Clause’ for 15 years in the Grant Certificate, the defendant agreed to execute the Sale Deed by receiving the balance sale consideration amount, after the expiry of the ‘Non Alienation Period’. The sale deed having not been executed even after a demand notice was served