Siddharth, J.—Heard Sri Arun Kumar Mishra, learned counsel for the appellant and Sri Y.K. Sinha, Sri Sudhanshu Pandey and Sri Sanjay Maurya, learned counsel for the respondents.

This is plaintiffs’ Second Appeal against the Judgment and Decree dated 21.11.2000, passed by Sri Kripa Shankar, Ist Additional District Judge (Court No.1), Gorakhpur in Civil Appeal No.17/1999, whereby appeal has been allowed and Judgment and Decree dated 12.02.1999, passed by Sri Alakh Narain, IInd Additional Civil Judge (Senior Division), Gorakhpur has been set aside and Original Suit No.477 of 1991 (Smt. Shanti Mishra Vs. Samuel) has been dismissed with costs.

2. The plaintiff instituted an Original Suit No.477 of 1991, praying for a decree of specific performance of contract of sale.

3. Plaintiff’s case is that arazi no.1143, area 83 decimal, situated in Mohalla Basaratpur, Tappa, Kasba, Pargana Haveli, District Gorakhpur was owned by defendant; that defendant had incurred some loan and for repaying the same, he entered into an agreement to sell for total consideration of Rs.10,000/- and paid Rs.3,000/- in advance to the plaintiff; that remaining amount of Rs.2,000/- was to be paid at the time o