MUNGESHWAR SAHOO, J

1. The plaintiff has filed this first appeal against the Judgment dated 25.11.1992 and the decree following thereupon signed on 11.12.1992 by the learned Sub-Judge-1st, Patna in Title Suit No.193 of 1986 dismissing the plaintiff-appellant's suit for specific performance of contract.

2. The plaintiff-appellant filed the aforesaid Title Suit No.193 of 1986 for a decree of specific performance of contract for sale against the defendant and alternatively for a decree for refund of earnest money of Rs. 33,000/- with interest against the defendant.

3. According to the plaintiff's case the defendant-respondent entered into a contract with the plaintiff for sale of 3 Katthas out of 45 decimals of land comprised within M.S. Plot No. 5158 Holding No. 136/134 in Ward No. 37/32 corresponding to survey Plot No. 327 for a consideration of Rs. 66,000/-. The plaintiff paid Rs. 33,000/- as earnest money on 12.11.1983 and defendant executed a bai bayana deed in favour of the plaintiff and handed over the same to the plaintiff. The defendant undertook to obtain permission from the competent authority for executing sale deeds. The date was fixed to 11.7.1984 within which the