JUDGMENT :

NARESH KUMAR CHANDRAVANSHI, J.

1. This First Appeal has been filed under Section 96 of the Code of Civil Procedure, 1908 (henceforth “CPC”) against the impugned judgment and decree dated 29.01.2008 passed by the 2nd Upper District Judge (F.T.C.) Janjgir, District Janjgir-Champa (C.G.) in Civil Suit No. 36-A/2007, whereby the suit filed by the appellant for specific performance of contract, has been dismissed by the learned trial Court.

(Hereinafter parties shall be referred as per their status before the trial Court)

2. Facts of the case in brief are that, suit for specific performance of contract was filed by the plaintiff before the trial Court, pleading inter alia that, original defendant/Chhatram Yadav had entered into the contract to sell out his suit land bearing Khasra No. 26/1 area 1.00 acre and Khasra No. 16/1 area 0.26 acre with the plaintiff, after receiving the advance amount, he executed ‘Mahadanama-Bikripatra’ on 30.06.2003 in favour of the plaintiff. Subsequently, defendant also received some part of the consideration. But ultimately, he refused to execute the sale deed in favour of the plaintiff, therefore, plaintiff filed civil suit for specific performance