ORDER :

Prashant Kumar Mishra, J.

1. Heard on J.A. No. 01/2017, application for condonation of delay.

2. On due consideration, I.A. No. 01 of 2017 is allowed. Delay of 5 days in filing the instant appeal is hereby condoned.

3. With the consent of the learned counsel for the parties, the matter is heard finally at the motion stage.

4. The present appeal arises out of the judgment and decree dated 23.02.2017 passed by the 8th Additional District Judge, Durg, in Civil "Suit No. 24-B/2014, wherein the trial Court has dismissed the plaintiff/appellant's suit for refund of the advance amount.

5. Appellant Sunil Jain is the prospective purchaser of land from respondent Pitambar Sahu, Dhaneshram Sahu and Vishal Ram Sahu. The agreement for sale was executed between the parties on 08.10.2011 and advance amount of Rs. 1,75,000 was paid on the same day. Further, amount of Rs. 4,00,000/- was paid on 15.11.2011 and thereafter amount of Rs. 5,00,000/- on 06.03.2012 was also paid to the respondent/defendant.

6. According to the plaintiff, he had agreed to purchase the property for developing and selling plots. However, subsequent to the agreement, it came to his notice that the land is reserved in the ma