1. Instant plaintiff's second appeal arises against the judgment and decree dated 6-4-1988 passed by the 1st Additional District Judge to the court of District Judge, Raigarh in civil Appeal No. 89-A/ 1979.

2. Facts of the case in brief are as under:

Plaintiff filed a suit for specific performance of contract of sale of one acre of land out of Khasra No. 292/2 situated in village Lailunga. According to plaintiff, he entered into agreement of sale with regard to suit land on 24-1-1972 with the defendants for a consideration of Rs. 3100/-. He paid Rs. 1500/- as earnest money to defendant No.1 i.e. Karta of the family of defendants, who executed agreement of sale in plaintiff's favour with the consent of other defendants. As per agreement, the balance consideration amount was payable at the time of execution of sale deed. Defendants agreed to execute sale deed in plaintiff's favour within 2 days. Defendants were in need of money to meet their house hold expenses, for that necessity, the defendant No.1 has executed agreement of sale as a Karta of the family in presence and with the consent of other defendants.

ii. On defendants' refusal to execute sale deed, panchayat was convene