JUDGMENT :

Sachin Singh Rajput, J.

1. Challenge in this appeal filed under Section 96 of the Code of Civil Procedure, 1908 by the appellant/plaintiff is to the judgment and decree dated 28/08/2017 passed by the 9th Additional District Judge, Raipur (C.G.) in Civil Suit No. 11-A/2015; whereby the suit for specific performance of contract filed by the appellant/plaintiff was dismissed.

2. The undisputed facts in the case is that the suit property i.e. a house including Abadi land comprised in piece of Khasra No. 480/1 area 2133 square foot P.H. No. 109 upon which Kaccha house of 500 square feet is constructed, an agreement to sale was executed on 09/01/2012 between the plaintiff and the defendant. According to the said agreement (Ex.P-1) the last date of execution of sale deed was fixed as 31/03/2012.

3. Suit of the plaintiff in nutshell is that the defendant entered into an agreement of sale with the plaintiff on 09/01/2012 of the disputed property @ Rs. 600 per square feet amounting to Rs. 12,89,800/-. Rs. 2,00,000/- as advance money was also received by the defendant in presence of two witnesses and in continuation of the agreement out of remaining amount, Rs. 2,50,000/- was received