ORDER :

Rajani Dubey, J.

1. Challenge in this First Appeal is to the judgment and decree dated 25.09.2018 passed in Civil Suit No.41-A/2011 by 5th Additional District Judge, Bilaspur, District Bilaspur (C.G.) whereby, the learned Court below dismissed the suit filed by the appellant-plaintiff for specific performance of agreement to sell, holding that the appellant-plaintiff has failed to prove his suit.

2. It is not in dispute that appellant/plaintiff - Amit Jain is the grandson of defendant No.1-Nemi Chand Jain (Deceased) being the son of Sheetalchand Jain, son of defendant No.1-Nemi Chand Jain. Respondent No.2-Rishabh Jain is the younger son of defendant No.1-Nemi Chand Jain (Deceased). Defendant/Respondent No.1 Nemichand Jain left for heavenly abode on 19.04.2017 during the pendency of suit.

3. Brief facts of the case are that appellant-plaintiff is resident of House No.3/110, Radha Puram Estate, District Mathura (U.P.). His grandfather, defendant No.1-Nemi Chand Jain (through LRs), had owned and possessed the piece of land bearing Khasra No.37, total area 16.50 acre, which is situated at Mauja Pendari, P.H. No. 25, Tehsil Takhatpur, District Bilaspur (C.G.) (hereinafter referred t