Prashant Kumar Mishra, J.

Trial Court has dismissed the appellant/plaintiff's suit for specific performance of agreement dated 1-10-2008 for an area admeasuring 0.79 acre out of total area of 0.968 hectares (2.38 acres) bearing khasra No.1355/1 situated at village Tifra, PH No.23, Tahsil & District Bilaspur.

2. The property belonging to the ancestors of the defendants No.1 to 3 devolved on them upon death of their mother namely; Smt. Padmini Bai. Their names are recorded as joint owners in the revenue record, but, according to the plaintiff, the partition has already taken place amongst the defendants in which the defendant No.1 was allotted 1/3rd share admeasuring 0.79 acre. The defendant No.1 approached the plaintiff for sale of his share i.e. 0.79 acre at the rate of Rs.42,00,000/- per acre. The negotiation was finalised in the presence of witnesses Bharti & Rajesh and the defendant No.1 received two cheques to the tune of Rs.1,70,000/- & Rs.80,000/-, in total Rs.2,50,000/- as advance and executed the agreement on 1-10-2008. As the execution of sale deed might have taken some time, the defendant No.1 requested that for the purpose of payment of stamp duty he desires to m