JUDGMENT

Rohit Arya, J. - This first appeal by plaintiff under section 96 CPC is directed against the judgment and decree dated 28/08/2008 passed in civil suit No.1A/2006 by the District Judge, Indore. Plaintiff's suit for specific performance of an agreement dated 27/04/2005 (exhibit P/9) has been dismissed.

2. Plaintiff; Satish Kumar Khandelwal son of Shankarlal Khandelwal, resident of 78A Parshanand Nagar, R.T.O.Road, Indore as described in the plaint inter alia contended that the defendants No.1 and 2 agreed to sell 08 acres of land out of the remaining area after sale to other persons falling in survey Nos.208/12, 208/9, 213/1, 213/238, 214, 216/4, 219/2, 220, 221/1 and 221/2 situated in village Talavali Chanda tehsil and district Indore. In addition, it was also agreed that the defendants No.1 and 2 shall purchase 04 acres of land from its owners falling in survey Nos.213/1, 216/4 & 213/238; Surendra Dilliwal and Sudha Dilliwal (defendants No.4 and 5) and in turn shall sell the same to the plaintiff fulfilling his requirement of 12 acres of land.

Total consideration amount was Rs.1,68,50,000/- at the rate of Rs.14.00 lakhs per acre.

Consideration amount was payable in installm