JUDGMENT/ORDER :

Sanjay S. Agrawal, J.

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 02.04.2014 passed by Second Additional District Judge, Balod, District Balod (C.G.) in Civil Suit No.09-A/2013, 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 to be stated for adjudication of this appeal, are that a claim for specific performance of contract was made by the Plaintiff by submitting, inter alia, that Defendant No.1 has agreed to alienate the land in question bearing Khasra No.621/2 admeasuring 1.75 acres in his favour under an agreement to sale dated 18.12.2010 for a consideration of Rs.50,00,000/- upon receiving an earnest amount of Rs.25,000/-. According to the Plaintiff, a cheque bearing No.803619 of State Bank of India for Rs.2,75,000/- was issued by him on 21.12.2010 as per the terms and conditions stipulated therein an