BHASKAR BHATTACHARYA

( 1. ) THIS First Appeal is at the instance of an unsuccessful plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated April 28, 2004 passed by the learned Civil Judge, Senior Division, at Gondal, District- Rajkot, in Special Civil Suit No. 168 of 1996 by which the learned trial Judge dismissed the suit filed by the plaintiff with costs.

( 2. ) BEING dissatisfied, the plaintiff has come up with the present appeal.

( 3. ) THE case made out by the appellant in the plaint may be summed up thus:

[a]. THE plaintiff is a Company registered under the Companies Act, 1956. For the progress of the activities of the Company, the appellant wanted to purchase some agricultural land in the village of Shahpar to establish an industry. THE defendant told the plaintiff that he wanted to sell his land situated in that area and as such, it was decided by the parties to enter into an agreement for sale.

[b]. THE defendant had told the plaintiff that the agricultural land bearing survey No. 272/1 measuring Acre 8 "

17 gunthas was owned by him in his absolute ownership and consequently, a contract to sell the said land to th