JUDGMENT :

Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment and decree dated 26-4-2018 passed by the Additional District Judge, Raipur, in civil suit No.59-A/2017 whereby the suit filed by the appellant/plaintiff was dismissed.

2. Brief facts of the case, as pleaded in the plaint, are that the plaintiff owned a land bearing Kh.No.217/1 admeasuring 3000 sq.ft. wherein superstructure was raised on 1800 sq.ft. He entered into an agreement for sale on 18.11.2010 that the property in its entirety would be sold for a sale consideration of Rs.42,50,000/-. The cost of the suit property was Rs.50.00 lacs. The plaintiff averred that during the execution of the sale deed, out of sale consideration of Rs.42,50,000/-, Rs.30,00,000/- was paid by Cheque which the defendant availed on loan and for remaining Rs.12,30,000/- a cheque was given though in the sale deed, the amount of sale consideration was stated to be received in cash. At the same time, it was further agreed that an agreement was executed, which purports that an amount of Rs.12,30,000/- is being given by cheque which is entered as cash in the sale deed and further if the cheque was dishonoured by the bank on subsequent p