JUDGMENT

Sandeep Sharma, J. (Oral) - Instant regular second appeal is directed against the judgment and decree dated 28.3.2008, passed by the learned Additional District Judge, Fast Track, Kullu, H.P., in CA No. 07/07, affirming the judgment and decree dated 29.11.2006, passed by the learned Civil Judge ( Sr. Div.), Kullu, H.P., in CS No. 12 of 2002/RBT No. 52 of 2005, whereby suit for specific performance of contract as well as declaration having been filed by the plaintiff-appellant (herein after referred to as "the plaintiff"), came to be dismissed.

2. In nutshell, facts of the case, as emerge from the record are that plaintiff filed a suit for specific performance of the contract as well as for declaration, averring therein that respondent No.1, agreed to sell his half share in the suit land, description whereof is given in the plaint, vide agreement dated 23.3.1995, for total consideration of Rs. 4,75,000/- . As per plaintiff, sum of Rs. 40,000/- was paid to defendant No.1 on the same date i.e. 23.3.1995, whereas remaining amount was agreed to be paid at the time of registration of the sale deed, which as per agreed terms was to be executed on or before 23.3.1998. Plaintiff ave