JUDGMENT :

Goutam Bhaduri, J.

1. Heard.

2. Challenge in this appeal is to the order dated 26.07.2016, passed by the Court of Additional District Judge, (FTC), Rajnandgaon (CG) in Civil Suit No.9-A/11, whereby the suit for specific performance of contract filed by the plaintiff was dismissed. The instant appeal is by the plaintiff/purchaser to the agreement.

3. The suit was filed on 31.03.2009 that the plaintiff entered into an agreement with Smt. Parwati Sharma for purchase of a land bearing Khasra No.274/8 and 274/13 total 16,000/- sq. feet, situated at Village Lakholi for consideration of Rs.97 Lakhs. The agreement of sale was executed on 03.12.2007 and earnest money of Rs.5 Lakhs was paid in cash thereafter on 08.12.2007 Rs.1,50,000/- cash was paid and subsequently an amount of Rs.2,50,000/- & Rs.1,00,000/- was paid through cheque thereby total earnest money of Rs.10,00,000/- was paid and according to the plaintiff, the sale was to be executed till 03.09.2008. As per plaintiff before such sale deed is executed, a month before the land was required to be demarcated and all the documents of title deed were required to be handed over. It was further agreed that part of the subject land