JUDGMENT :

1. The appellant/plaintiff has filed this First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 15.11.2018 passed by Upper District Judge (FTC), Distt. Korba in Civil Suit No.45A/2013, whereby the suit filed by the plaintiff for specific performance of contract regarding sale of land bearing Khasra No.799/3, area 10 decimal (0.040 hectare) situated at village Risda, Patwari Halka No.10, Tahsil & Distt. Korba (CG) (for short ‘suit land’), has been dismissed. (For the sake of convenience, parties would be referred hereinafter as per their status and ranking shown in the suit before the trial Court.)

2. The facts, leading to file instant first appeal, are that, the defendant entered into an agreement for sale of suit land with the plaintiff and agreement to sale was executed between them on 07.10.2005. Sale consideration was fixed as Rs.1 lakh and Rs.50,000/- was given by the plaintiff to the defendant as advance amount. It was agreed between the parties that since suit land was diverted land, therefore, defendant shall obtain necessary permission from the Collector, Korba and one month after getting the permission, sale