(1.) This second appeal under Section 100 of the CPC is at the instance of the plaintiff challenging the reversal judgment of the first appellate court. Trial Court by the judgment dated 6.9.2000 had decreed the C.S. No.34-A/97 and the first appellate court while allowing the Civil Appal No.14- A/2002 by the judgment dated 22.10.2003 has reversed the judgment of the trial Court.
(2.) Undisputed facts are that the suit land was purchased by the respondent No.1 Kailashchandra from its earlier owner Jani Bai on 2.5.1978. Kailashchandra had entered into an agreement with the appellant on 30.5.1986 for sale of the suit land for consideration of Rs.24,480/- and had received part consideration amount and the possession was delivered to the appellant.
(3.) The appellant had filed the suit for specific performance of the contract and permanent injunction pleading that the respondent had entered into the agreement with the appellant on 30.5.1986 for sale of the suit land for consideration of Rs.24,000/- and had received Rs.12,000/- at the time of execution of the agreement and had delivered the possession to the appellant. As per the agreement the appellant was to pay Rs.480/- till 16.11.1986 and remaining Rs.12,000/-on 29.5.1987 and on receipt of this amount the registered sale deed was to be executed in favour of the appellant. The appellant had paid the full consideration amount but the sale deed was not executed by the respondent No.1 on the ground that the mutation and Rin Pustika was not prepared and later on respondent No.1 had disputed the receipt of the consideration amount.
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