JUDGMENT :

Subhash Chand, J.

1. The instant First Appeal has been directed against the Judgment dated 04.09.2018 and decree dated 18.09.2018 whereby the suit of plaintiff for the specific performance has been dismissed and allowed the alternate relief for refund of the earnest money along with interest.

2. The brief facts leading to this First Appeal are that the plaintiff had instituted a suit with these averments that the plaintiff is the permanent resident of Seraikella town having his house and other landed properties, and the landed property situated in mouza Kudarsai, Thana No. 302, Khata No. 18 belonged to and stood recorded in the name of late Kalipada Daroga who was the father of principal defendant No. 1 and after his death the property was amicably divided between the principal defendant no. 1 and his brothers in which the lands described in the schedule of the plaint fell in share of the principal defendant which is situated in the jurisdiction of this Court. The principal defendant proposed to sell the suit land to plaintiff in consideration of Rs. 30,60,000/- to which plaintiff agreed and consequently an agreement to sale was executed between plaintiff and defendant No.