JUDGMENT :

Rajani Dubey, J.

1.The appellant/Defendant has preferred this first appeal being aggrieved by the judgment and decree dated 13.02.2019 passed by IX Additional District Judge, Bilaspur (C.G.), in Civil Suit No.173-A/2011, whereby the suit filed by the plaintiff/respondent herein for specific performance of contract was allowed.

2.Brief facts of the case, as per the plaint averments, are that the defendant is owner and in possession of land admeasuring 980 sq.ft. of Khasra No.156/25 situated at Mouza Juna Bilaspur, P.H. No.22, Tahsil and District Bilaspur, Ward No.32, Ramdas Nagar, Tagore Chowk, Tikrapara, on which a house is built on ground floor and first floor (hereinafter referred to as the ‘suit land’). The defendant agreed to sell the suit land to plaintiff for total sale consideration of Rs.11,00,000/- and request was made by the plaintiff to reduce in writing the agreement, however, the defendant told the plaintiff that the suit land is not recorded in his name, mutation is to be done and after purchasing the suit land the defendant has not got transferred his name. Thereafter, on 22.12.2007, an agreement was executed and earnest money of Rs.2,00,000/- was paid to def