JUDGMENT :

K.R. Mohapatra, J.

1. The unsuccessful plaintiff in CS No. 431 of 2007(1) has filed this appeal assailing the judgment and decree dated 18.02.2010 and 04.03.2010 respectively passed by the learned Civil Judge (Senior Division) 1st Court, Cuttack. The suit was filed for specific performance of contract and for permanent injunction.

2. The plaint case in brief reveals that the suit property more fully described in the plaint schedule appertaining to Khata No. 326/212, plot No. 2/2205 to an extent of Ac.0.04 decimal out of Ac.0.26 decimal situated at Mouza: Bidyadharpur (Cuttack Sadar), now Bidanasi in the district of Cuttack (Lot No. 1) and land appertaining to Khata No. 474/60, plot No. 516/1726 to an extent of Ac.1.00 decimal situated in Mouza: Patia in new capital, Bhubaneswar now Chandrasekharpur in the district of Khurda (Lot No. 2). Defendant No. 1 was the owner of the suit property. He entered into an agreement with the plaintiff (Ext.3) for sale of the suit land (Lot Nos. 1 and 2) on 02.12.2005 for a consideration of Rs.1,35,00,000/- out of which the defendant No. 1 received an amount of Rs.3,00,000/- towards part consideration as advance on the date of agreement. It