Partha Sarthy, J. – Heard learned counsel for the appellant and learned counsel for the respondent.

2. The instant appeal has been preferred against the judgment dated 7.8.2017 and decree dated 19.8.2017 passed in Title Suit no.52 of 2011 by the learned Sub Judge IV, Patna City, Patna whereby the suit filed by the plaintiff for specific performance of contract was decreed on contest against the defendant.

3. Against the judgment and decree passed by the learned court below, the defendant in the title suit has preferred the instant appeal. For the sake of convenience, the parties are being referred to as plaintiff/plaintiff-respondent or defendant/ defendant-appellant.

4. The case of the plaintiff in brief is that the defendant is the owner of a piece of land measuring an area of 10 dhurs containing a single storey pucca house, fully described in Schedule I of the plaint appertaining to C.S. Plot no.657 and 558 (part), khata no.613 and 614 respectively, sub plot 16A Holding no.35 situated at Mohalla New Azimabad Colony, East Sector-B, P.O.-Mahendru, Police Station-Sultanganj in the district of Patna and hereinafter referred to as the suit property. It is the case of the plaintiff that