JUDGMENT :

A.K. RATH, J.

Plaintiff is the appellant against a reversing judgment in a suit for specific performance of contract.

2. Case of the plaintiff was that defendant no.1 was the owner of the suit schedule property. To press his legal necessity, defendant no.1 approached her in the year 1986 to sell the land. She agreed to the same. Accordingly consideration was fixed at Rs.16,000/-. Since the defendant no.1 belonged to scheduled tribe and she is brahmin by caste, the defendant no.1 filed O.L.R. Case No.52/86 before the Revenue Officer, Sadar Sub-Division, Sambalpur under Sec.22 of the Orissa Land Reforms Act (“O.L.R. Act”) for transfer of the suit land. Since defendant no.1 was in need of money to repair his house, he approached the plaintiff for advance payment of Rs.3000/-. She paid an amount of Rs.3000/-towards advance to the defendant no.1 on 19.5.1987. On the same day, the defendant no.1 executed an agreement to sell in her favour. He agreed to execute a registered sale deed within a month of receipt of the permission from the competent authority and on receipt of the balance payment of Rs.13,000/-. The Revenue Officer accorded permission on 29.8.1987. She approached the