( 1 ) THIS appeal has been preferred by the defendant aggrieved by judgment and decree dated 21st november, 2003 by which learned District Judge, jabalpur has decreed the suit No. 11 -A/2002 directing the specific performance of contract of sale.

( 2 ) IN short the plaintiff's case, as averred in the plaint, shows that defendant owned 2. 588 hectare of land comprised in Survey number 189/6 situated at Mouza Baitala, an agreement was entered into by Siddhar-tha housing Co-operative Society Ltd. (hereinafter referred to as "co-operative society")for purchasing of the land from Shri Liladhar yadav/defendant at the rate of Rs. Two Lac per acre, agreement was executed on 8-5-1996, an advance of Rs. One Lac was paid to the defendant, by mistake Survey No. 189/6 was wrongly typed as Survey No. 181/6. The defendant was paid further sum of Rs. 10,000/- on 20-12-1997, Rs. 5,000/-an 24-12-1999, Rs. 10. 000/- on 8-3-2000 and Rs. 5,000/- on 28-12-2000. It was averred that defendant had agreed to level the land by Bulldozer. Permission from ceiling Authority was also to be obtained. Defendant shall intimate the permission and within four months, defendant shall execute a sale dee