JUDGMENT :

H.P. SANDESH, J.

1. Heard learned counsel for the appellant and learned counsel for respondent No.1.

2. This second appeal is filed against concurrent finding of the Trial Court in O.S.No.10/2016 dated 06.10.2018 directing the defendant No.1 to execute the registered agreement of sale in terms of Ex.P7 and the same is confirmed in R.A.No.6/2020 vide judgment dated 10.08.2022.

3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of specific performance, it is averred in the plaint that defendant No.1 being the absolute owner and in possession of 2 acress, 20 guntas of land which is morefully described in the schedule, the same was acquired by him in the family partition and he has executed the sale agreement on 07.07.2014 for sale consideration of Rs.8,00,000/- and received advance amount of Rs.3,00,000/- and the same is paid by way of Demand Draft and by way of cash. It is the case of the plaintiff that the period mentioned in the agreement is 1½ year to perform the contract and subsequent to execution of agreement also, defendant No.1 has received another advance amount of Rs.1,00,000/- on 30.10.2014 by way of cash and assured h