JUDGMENT :

By the Court:- Heard the parties.

2. This Second Appeal under Section 100 of the Court of Civil Procedure, 1908 has been preferred against the judgment and decree dated 05.12.2016 passed by learned Principal District Judge, Hazaribag in Title Appeal no. 13 of 2016 whereby and whereunder, learned First Appellate Court, dismissed the appeal on contest but without costs.

3. The case of the plaintiff in brief is that the suit land is the Raiyati of the defendant and the defendant in need of money, entered into an agreement with the plaintiff for selling the suit land for a consideration amount of Rs. 27,750/-and an agreement was executed by the defendant by putting his LTI on 29.06.2001 and the defendant was paid Rs. 10,000/-. The sale deed was to be executed as soon as possible and the defendant thereafter delivered the possession to the plaintiff and the plaintiff came in peaceful, cultivating possession over the suit land. The plaintiff approached the defendant to execute the sale deed but the defendant did not oblige to the plaintiff. The plaintiff went several times to the defendant to take the balance consideration amount but the defendant did not receive the balance cons