( 1 ) THIS is an appeal against the judgment and decree passed by the Assistant District Judge, 2nd Court, Nadaia dated 17/07/1986 dismissing the plaintiff-appellant's suit for specific performance of contract,

( 2 ) THE facts, which are necessary to dispose of the appeal may be briefly stated as follows :-on or about the 12-3-83 the defendant No. 1 who is the owner of the suit properly proposed to sell the same to the plaintiff for a consideration of Rs. 40,000. 00 and asked for an advance of Rs. 10,000. 00 to be paid within a month from that date. The plaintiff accepted the said proposal with this modification that he could not pay the advance within one month and subsequently the plaintiff sent to the defendant No. 1 a sum of Rs. 8,000. 00 by bank draft and offered to pay the balance amounting to Rs. 10,000. 00 within two months thereafter. The defendant No. 1 accepted the bank draft, waiving the time element as well as the short advance. It was agreed between the parties that the balance amount of consideration would be paid after the permission has been obtained from the Estate Manager, Development and Planning Department, Kalyani, whose permission was