Sanjay Karol, J.

Appellant-plaintiff Raj Kumar Garag (hereinafter referred to as the plaintiff), whose suit for specific performance of agreement to sell dated 24.8.2006 (Ex.PW-2/A), stands dismissed by the learned Single Judge of this Court, lays challenge to the judgment dated 26.9.2011, passed in Civil Suit No. 45 of 2007, titled as Raj Kumar Garg v. Raj Kumar and another, by way of present appeal, preferred under Section 10 of the Letters Patent Appeal and Section 96 of the Code of Civil Procedure.

2. Facts, in brief, are as under:

(a) Allegedly, vide Agreement dated 24.8.2006 (Ex.PW-2/A), plaintiff agreed to purchase 65 bighas of agricultural land, owned by respondents No.1 & 2 - defendants Raj Kumar and Ajay Kumar (hereinafter referred to as the defendants). Total sale consideration being 48 lakhs, out of which Rs. 4 lakhs was paid at the time of signing of the agreement, with the remaining amount agreed to be paid at the time of registration of the sale deed, which was to be done on or before 23.4.2007. On 20.4.2007, plaintiff sent a registered communication (Ex