JUDGMENT

Ram Prasanna Sharma, J. -This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 12- 7-2005 passed by 5th Additional District Judge, Raipur (CG) in Civil Suit No.174-A/2003 wherein the said court decreed the suit fled by the appellant/plaintiff partly and ordered to refund earnest money to the tune of Rs.15,000/- with interest.

2. The appellant/plaintiff filed a civil suit against the respondent/defendant for specific performance of contract submitting that respondent agreed to sell the land situated at village Daganiya, Patwari Halka No. 104, Khasra No. 69/51, area 3500 sq.ft., amounting to Rs.1,05,000/- . The agreement was executed on 27-6-1997 and in the agreement it was specifically mentioned that respondent will get no objection certificate and inform the appellant thereafter. The sale deed shall be executed by getting rest of the consideration amount. When the respondent did not inform the appellant nor contacted him till July 1998, then appellant himself contacted the defendant but she did not reply satisfactorily. Thereafter, appellant served legal notice to respondent on 5-8-1998 which was received by her on