The plaintiff in the original suit is the appellant herein. The suit was filed by him on the basis of an agreement for sale dated 15.09.1988, to which the appellant and the defendant were the parties, for the relief of specific performance in the said contract. The learned trial Judge after trial, dismissed the suit holding the appellant/plaintiff not entitled to the relief of specific performance, by judgment and decree dated 08.08.1996. Aggrieved by the same and challenging the decree of the trial court dismissing the suit filed by the appellant herein, the present appeal has been preferred on various grounds set out in the memorandum of appeal.

2. The appellant had filed the suit before the trial court containing the following allegations.

The suit property originally belonged to the respondent / defendant, who got it under a partition deed dated 19.02.1986 bearing Document No.880 of 1986. He offered to sell the suit property measuring an extent of 2.08 acres to the appellant/plaintiff at the rate of 2,75,000/- per acre and the said offer was accepted by the appellant/plaintiff, pursuant to which both of them entered into a written agreement for sale dated 15.09.1998.