ORDER :

Hear Mr. B.D. Das, learned Senior Counsel appearing for the appellant as well as Mr. H.K. Sharma, learned Counsel representing the respondent.

2. This is a regular first appeal under Section 96 of the Code of Civil Procedure 1908 against the judgment and decree dated 29.07.2017 passed by the learned Civil Judge No.1, Kamrup(M), Title Suit No.26/2015.

3. The appellant is the owner of a plot of land measuring 1Katha 10 Lechas covered by dag No. 419 (old)/364(new) of K.P. patta No.482 of village-Pathashil E.V. under Mouja-Beltola, Dist.-Kamrup(Metro), Assam. On the basis of this fact, on 14.10.2014, he had entered into a contract with the respondent to sell the land at a price of Rs.18,00,000/-. Out of that, on the same day, an amount of Rs.8,50,000/-was paid to him by the respondent. The possession of the land was handed over to respondent.

4. It was agreed between the parties that the appellant will procure the sale permission from the concerned authority. In the meantime, the respondent even erected the boundary wall and also carried out earth filling by incurring an expense of about Rs.3 lacs.

5. Thereafter, an additional amount of Rs.80,000/-was paid by the respondent to the a