Alok Sharma, J.

This appeal under section 100 CPC has been filed against the judgment and decree dated 5.8.1996 passed by Addl. District Judge No. 2 Kota in Civil Appeal No. 33/1993 reversing the judgment and decree dated 6.9.1993 passed by Addl. Munsiff No. 1 (South), Kota (where he decreed the appellant-plaintiff's (hereafter 'the plaintiff') suit for specific performance and permanent injunction in respect of a parcel of land ad-measuring 30 Ft. X 118 Ft., which lay between the frontage of the house of plaintiff and the road) and dismissing the suit.

2. The case set up by the plaintiff before the trial court was that suit land lay between the frontage of the house of plaintiff and the road, could not be sold by the respondent-defendant-Municipal Council (hereafter 'the defendant') to anyone else and in-fact in view of the peculiar situation obtaining qua the suit land none else was interested to purchase it. It was submitted that in the circumstances, on the plaintiff's application, the sale of suit land by the then Municipal Council, Kota was sanctioned on 5.2.1972 under the hand of its Chairman and as required, a sum of Rs. 7080/- remitted by the plaintiff and deposite