JUDGMENT :

1. This Second Appeal under section 100 of Civil Procedure Code has been filed against the judgment and decree dated 30-11-2022 passed by District Judge, Devari, District Sagar in R.C.A. No. 25 of 2019 arising out of judgment and decree dated 24-10-2019 passed by Civil Judge Class-I, Devari, District Sagar in Civil Suit No. 55A/2012, by which the suit filed for specific performance has been dismissed.

2. The fact necessary for disposal of the present appeal in short are that the plaintiff/appellant filed a suit for specific performance of contract, thereby pleading inter alia that on 24-5-2002 an agreement was executed to sell the disputed property i.e Khasra No. 63/1, Khasra No. 67/2, Khasra No. 63/2, Khasra No. 63/3 and Khasra No. 63/4 recorded in the name of defendants. All the lands were agreed to be sold to the plaintiff @ Rs. 25,000/- per acre and accordingly an agreement dated 24-5-2002 was executed and the total consideration amount was settled as Rs. 4,60,500/-. On 24-5-2002 itself the plaintiff paid Rs. 2,00,000/- to the defendant No. 1 Komal Chand by way of advance and written agreement was executed. Thereafter on 17-6-2002 an amount of Rs. 50,000/- was received