JUDGMENT :

Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment and decree dated 21-10-2016 passed by the Additional District Judge, Bilaspur, in civil suit No.344-A/2014 wherein the suit for specific performance was dismissed.

2. The legal heirs of Manoj Agrawal namely; Smt. Sangeeta Agrawal, Satuti Agrawal & Mridulhari Agrawal filed a suit for specific performance against the legal heirs of Ashok Bhimnani namely; Dinesh Bhimnani, Santosh Bhimnani, Kamal Bhimnani, Simran and Smt. Mala.

3. (i) The facts of the case, in brief, are that Ashok Bhimnani (since deceased) and Manoj Agrawal (since deceased) entered into an agreement for sale of immovable property of part of share of Ashok Bhimnani of land bearing khasra No.1190, 1205, 1207, 1208, 1209, 1210, 1211, 1212, 1216/2 and 1217 admeasuring 3.77 acres and from individual land bearing khasra No.1204 and 1218 admeasuring 0.56 acres in total 4.33 acres. The plaint allegation and agreement purport that the total sale consideration was fixed at Rs. 52.00 lacs. Out of the said sale consideration, an amount of Rs. 10.00 lacs was initially paid i.e. Rs. 8.00 lacs was in cash and Rs. 2.00 lacs was in the form of cheque dated 16-11-