JUDGMENT :

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff is as under :-

“Whether Lower Appellate Court has committed an illegality by not affirming the finding of the trial Court and has denied for grant of discretionary relief in arbitrary manner ?”

[For the sake of convenience, the parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].

2. The suit property bearing Khasra No.111/3 area 0.238 hectare situated at village Parsahi, Tahsil and District Bilaspur was originally held by original defendant No.1-Juglal, who died during pendency of the suit. It is the case of the plaintiff that original defendant No.1 on 28.4.1996 agreed to sell his suit land at the rate of Rs.50,000/-per acre and also obtained Rs.6,000/- and executed agreement to sell in favour of the plaintiff vide Ex.P-1, but thereafter defendant No.1 failed to perform his part of contract leading issuance of notice dated 13.11.2001, to which defendant No.1 refused to execute and served reply in December, 2001 and again fresh notice was issued on 23.7.2002 as original Advocate