CAV JUDGMENT

The captioned appeal is filed by the plaintiff assailing the judgment and decree rendered in O.S.No.7458/2000, wherein trial Court has proceeded to dismiss the plaintiff's suit.

2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.

3. The facts leading to the case are as under:

The plaintiff instituted a suit for specific performance based on an agreement to sell dated 18.07.1990. Plaintiff contended that defendant executed an agreement for sale on 18.07.1990 and the sale consideration was fixed at Rs.20,000/-. The defendant agreed to execute sale deed after securing permission from the Government. Plaintiff contended that defendant has received entire sale consideration and handed over possession to the plaintiff pursuant to execution of the suit agreement. Plaintiff further contended that defendant has executed a General Power of Attorney on the same day and based on suit agreement, petitioner's name was mutated in column No.12 of RTC. Plaintiff has alleged that inspite of repeated request, defendant went on postponing the execution of sale deed. Plaintiff further alleged that he has spent substantial amount to level the land.