1. This appeal is directed against impugned judgment and decree dated 30/01/2008 passed by the First Additional District Judge, Mahasamund, District-Mahasamund in Civil Suit No. 2-A/2006, by which, the appellant/plaintiff's appeal has been dismissed.

2. The plaintiff filed a suit praying for decree of Specific Performance of Contract on the pleadings inter alia that defendant No. 1-Sardar Vikkar Singh was in need of money and therefore, in order to generate fund, he agreed to sell the property in dispute to the plaintiff for a consideration of Rs. 10,51,000/- and an advance of Rs. 51,000/- was also paid on 04/08/2005. According to the plaintiff, an agreement was executed on 04/08/2005 which was signed by defendant No. 1-Vikkar Singh containing recital that he would be selling the property to the plaintiff for Rs. 10,51,000/- as agreed to between the parties. Further pleadings were that under the agreement, the defendant was required to get the property in dispute duly measured and marked which was not completed despite repeated request made by the plaintiff. When the defendant failed to perform the part of contract and neither got the land measured nor came forward to execute