ORDER :

1. This appeal has been preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) questioning the legality and propriety of the judgment and decree dated 28.10.2010 passed in Civil Suit No. 07A/2007, whereby the learned trial Court has dismissed the Plaintiff's claim for specific performance of contract. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

2. The facts, which are essential for adjudication of this appeal, are that the Plaintiff-Munnalal Agrawal instituted a suit claiming specific performance of contract by submitting, inter alia, that an agreement to sale dated 26.12.2001 was executed in his favour by Defendant No. 1-Smt. Sobhna Chourasiya agreeing to alienate the suit land admeasuring 42.25 square meter, which is the part of godown constructed in total area of 165.75 square meters situated at Sheet No. 17 Plot No. 12 of village Kawardha. It was agreed to be sold at the rate of Rs. 350/- per square meter, i.e. for a total consideration of Rs. 1,59,110/- upon receiving the earnest amount of Rs. 20,000/-. According to the Plaintiff, since the suit la