Mishra, J. -

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 No. 189/6 situated at Mouza Baitala, an agreement was entered into by Siddhartha Housing Cooperative Society Ltd. (hereinafter referred to as "Cooperative Society") for purchasing of the land from Shri Leeladhar Yadav-defendant, at the rate of Rs. two lacs 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/- on 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 Buldozer. Permission from Ceiling Authority was also to be obtained. Defendant shall intimate about the permission and within four months, defendant shall execute a sale-deed aft