Sanjay Karol, J.-This is the plaintiff’s first appeal against the judgment and decree dated 11.10.2004 passed by the learned District Judge, Solan, H.P. in Civil Suit No.3-S/1 of 2004, titled as Smt. Punita Bharti vs. Shri Kirpal Singh dismissing her suit for recovery of money.

2. On 30.11.1999 plaintiff (appellant) and defendant (respondent) entered into an agreement for sale of land comprised in Khasra No.1167/731/4 measuring 552 square meters and Khasra No.730 and 1166/731 measuring 815 square meters, situated in Mauja Deon, Tehsil and District Solan, H.P. The sale consideration was fixed at Rs.28,70,700/- and two sums being Rs.50,000/-and Rs.1,50,000/- was received by the seller- defendant from the purchaser-plaintiff. In terms of the agreement, the sale deed was to be executed on 25.3.2000 when the balance sum was to be paid. According to the plaintiff, inspite of repeated assurances the defendant failed to construct a path and jeepable road to the land agreed to be sold to her. Finally legal notice dated 5.6.2003 was served upon the defendant, which was duly replied on 23.6.2003 wherein a totally false plea was taken to the effect that even though on the agreed date,