1. By this Appeal under Section 96 of the Code of Civil Procedure, the original Plaintiff challenges dismissal of his Special Civil Suit 184/1991 for specific performance by Civil Judge (Senior Division) Nagpur on 22/6/1992. Trial Court found that Plaintiff could not prove that the present Respondent/original Defendant avoided to execute sale deed in his favour and also found him not entitled to alternate relief of refund of Rs. 93,650/- ( Rs. Ninety Three Thousand Six Hundred & Fifty only.) with interest at 18%. It concluded that time was essence of contract and Defendant established that Plaintiff failed to get sale deed executed in his favour within stipulated period and hence the agreement stood cancelled and earnest amount stood forfeited.

2. Plaintiff stated that he and Defendant entered into an agreement on 24/2/1988 for purchase and sale of six acres of land out of total land admeasuring 11.44 acres (4.03 Hectors) bearing Khasra No. 555, situated at Mouza Gondkhairi, P.H. No. 24, Tahsil Kalmeshwar, District Nagpur. Rate agreed was Rs. 35,100/- per acre i.e. total consideration amount settled was of Rs 2,10,600/- (Rs. Two Lakh Ten Thousand Six Hundred only). He als