JUDGMENT :

GOUTAM BHADURI, J.

1. Heard.

2. This is an appeal against the judgment and decree passed by the First Additional District Judge to the Court of Second Additional Judge, Raipur in Civil Appeal No.51-A/2014 dated 02.01.2017.

3. The present appeal has been filed by the defendant against the judgment and decree of specific performance.

4. The brief facts of the case are that:-

(A) The appellant/defendant had entered into an agreement of sale of his lands bearing Khasra No.30/2, admeasuring 0.114 hectare and Khasra No.30/8 admeasuring 0.016 hectare total area admeasuring 0.130 hectare i.e. 32 decimal i.e. 13940 sq. feet on 02.12.2011. By way of earnest amount of Rs.3,51,000/- and on 31.12.2011 two cheques of Rs.75000/- each was paid to the seller. The total consideration being part payment was of Rs.5,01,000/-. According to the pleading of plaintiff, one of the conditions of the sale was that the sale deed can be registered in name of any other person in whose favour the seller wants. According to the agreement of sale the sale deed was required to be registered by 30th March, 2012 and it was the duty of the defendant/seller to get the necessary permission from the revenue officers