JUDGMENT :

1. The plaintiff has filed this appeal against the judgment and decree passed by the learned First Additional District Judge Raigarh, District Raigarh (C.G.) in Civil Suit No. 38-A of 2011 dated 18.08.2011 whereby the civil suit filed by the plaintiff for specific performance of the contract was dismissed.

2. The facts of the present case are that the defendant is the recorded owner of the agricultural land situated in Village Singpuri, Post-Baradoli, Tehsil Pussore, District Raigarh comprising survey Nos. 46, 91/14, 91/15 and 119/4, total ad-measuring 0.845 hectares. He entered into an agreement to sell with the plaintiff on 02.05.2008 and the entire consideration amount i.e. Rs.2,50,000/- was paid on that very date. According to the conditions of the agreement, the defendant had to execute the sale deed in favour of the plaintiff by June 2009. It is further pleaded that the plaintiff made many requests to execute the sale deed but no heed was given by the defendant. Thereafter, a registered notice through the advocate was sent to the defendant on 16.10.2008 but no response was given, thereafter the plaintiff filed a civil suit on 23.10.2009 seeking a decree of specific p