Manindra Mohan Shrivastava, J.

1. This appeal is directed against the impugned judgment and decree dated 29th November 2014 passed by learned Fourth Additional District Judge, Bilaspur in Civil Suit No.175-A of 2014 by which, the appellant's suit for grant of decree of specific performance has been partly decreed to the extent of refund of advance amount paid by the plaintiff/appellant to defendant/respondent No.1. The main relief sought in the suit that the decree of specific performance be granted and consequential relief of declaring subsequent sale deed dated 11.3.2010 executed by defendant No.1 in favour of defendant No.3, have been refused.

2. The appellant/plaintiff filed a suit seeking a decree of specific performance of contract as also for declaring null and void, subsequent sale deed dated 11.3.2010 on the pleadings, inter alia, that defendant No.1 Vyapana Venkat Ramanna executed an agreement on 21.2.2009 in favour of appellant-plaintiff agreeing to sell the property (house and land) in dispute for a consideration of Rs.11 lakhs. It was also pleaded that the defendant No.1 received Rs.4 lakhs as advance. According to the plaintiff/appellant, under the agreement,