ORDER :

Manindra Mohan Shrivastava, J.

1. This appeal is directed against impugned judgment and decree dated 30/11/1999 passed by the Second Additional District Judge, Raipur in Civil Suit No. 5-A/99 whereby, the learned Trial Court refused to grant relief of specific performance of contract to the appellant/plaintiff.

2. The relevant facts of this case are that the appellant/plaintiff filed a suit for specific performance of contract. The plaintiff claimed in the suit that defendant/Satpal Punjabi purchased a plot admeasuring 1500 sq. ft. in the name of his minor sons namely Kunal and Jitendra. Thereafter, defendant-Satpal entered into an agreement with the plaintiff to sell the property for a consideration of Rs. 1,87,500/-. Pursuant to the agreement, an earnest money of Rs. 20,000/- was given to the defendant. Thereafter, on different dates, certain amounts were paid and in all, Rs. 1 lakh was received by the defendant. According to the plaintiff, defendant - Satpal was under an obligation to obtain no objection certificate from the authorities for execution of the sale deed. As the defendant failed to do so, a legal notice was served which he refused to accept. Thereafter, a notic