JUDGMENT :

Lok Pal Singh, J.

1. Second Appeal is directed against the judgment and its decree dated 21.03.2017, passed by Addl. District Judge, Ramnagar, District Nanital in Civil Appeal no. 11 of 2016, Jogendra Singh Vs. Smt. Mukul Joshi & another, whereby the appeal filed by the plaintiff/appellant has been dismissed and the judgment and order dated 04.01.2016, passed by Civil Judge (Sr. Div.), Ramnagar, Nainital in Original Suit no. 09 of 2011.

2. Factual matrix of the of the case are that the appellant/plaintiff instituted a suit for specific performance of contract with the averments that defendant no. 2 Girish Chandra Joshi is the recorded owner of the suit property. He executed registered Power of Attorney in favour of his wife Smt. Mukul Joshi (defendant no. 1) on 30.11.2010 and authorized her to sell the said property. She offered to the plaintiff that she wish to sell the suit property for an amount of Rs. 9,28,000/-. A registered agreement to sell was executed between them on 03.01.2011. An amount of Rs. 4,50,000/- was paid by the plaintiff to defendant no. 1 in presenc