JUDGMENT :

B. K. NAYAK, J.

This appeal has been filed challenging the judgment and decree dated 16.03.2010 and 30.03.2010 respectively passed by the learned Civil Judge (Senior Division), Bhubaneswar in Civil Suit No.328 of 2005.

2. Respondent no.1 as plaintiff filed the suit against defendant no.1-respondent no.2 for specific performance of contract for sale of the disputed land measuring Ac.0.05 dec. in plot no.103, under Khata no.1032/288 situated in mouza-Sahid Nagar, Bhubaneswar.

The case of the plaintiff is that defendant no.1 holds the disputed property as a lessee under the G.A. Department of Government of Orissa. Defendant no.1 being in urgent need of money proposed to sell the suit property and was in search of a suitable customer. One Rashmirekha Tripathy is the cousin (maternal uncle’s daughter) of defendant no.1. The said Rashmirekha and her husband, Hrusikesh Tripathy were known to the plaintiff and her husband, who are doctors and persuaded them to purchase the suit property. The plaintiff and her husband having agreed, an agreement was entered between the plaintiff and defendant no.1 for sale of the land for a consideration of Rs.23,00,000/-towards land value and R