Kuldip Singh, J.

The plaintiff having lost in both the Courts below has filed the appeal against judgment, decree dated 29.12.2000 passed by learned District Judge, Una in Civil Appeal No. 87 of 1995 affirming judgment, decree dated 1.4.1995 passed by learned Sub Judge 1st Class, Amb, in Civil Suit No. 189 of 1990.

2. The facts, in brief, are that the appellant had filed suit for specific performance of contract against Karam Singh, predecessor-in-interest of the respondents in respect of land measuring 0-66-00 Hect. (17 K-2 Mls.) out of 0-98-39 Hectares, Khasra No. 2343 new as per Khatauni Settlement Jadid for the year 1988-89 village Pirthipur on payment of Rs.16,000/- the balance sale consideration, in alternative, recovery of Rs.40,000/- as damages for non-performance of contract.

3. The further case of the appellant is that Karam Singh vide an agreement dated 25.2.1988 agreed to sell 10 Kanals land out of the suit land for a consideration of Rs.22,000/-. Karam Singh had received Rs.15,000/- as earnest money and possession of the land was delivered to appellant. The balance sale consideration Rs.7,000/- was agreed to be paid at the time of execution of the sale deed whic