JUDGMENT :

GOUTAM BHADURI, J.

1. Heard.

2. The present appeal is against the judgment and decree dated 28.11.2020 passed by the District Judge, Rajnandgaon (CG), in Civil Suit No. 61-A/2014, whereby, a suit filed for Specific Performance of the Contract was dismissed. Therefore, the appellants/plaintiffs are before this Court.

3. A Civil Suit was filed with a pleading that the defendants owns a land bearing Khasra No. 459 admeasuring 0.07/2 decimal, wherein, three shops of 33 x 11 feet in size exists. The defendants agreed to sell the same and entered into an agreement on 18.10.2013 for a sale consideration of Rs.10,21,000/- and at the time of execution, Rs.1,00,000/- was paid as earnest money. Subsequently, an amount of Rs.50,000/- was paid on 08.02.2014, on 04.03.2014 another payment of Rs.1,00,000/- was made and on 05.09.2014 a sum of Rs.50,000/- was further paid towards the sale consideration. It was not in dispute that on the date of agreement, in the suit property, name of the father of the defendants was mutated. Since he had died, as such, it was agreed between the parties that after the names of the defendants as a legal heir are recorded, the sale deed would be registered. Th