ORDER

1. This appeal arises out of a suit seeking specific performance of agreement of sale of Plot No. 15 admeasuring 555 square yards in an urban area in Sikanderabad. The suit was based on an alleged oral agreement entered into on 11-8-1975 by Defendant 1 who is successor-in-title of the original owner and is the appellant before us. The case of the respondent plaintiff was that pursuant to the oral agreement of sale, a sum of Rs 2000 was paid by cheque followed by Rs 3000 in cash and thereafter Rs 15,000 by a post-dated cheque. The negotiations for sale took place through Defendant 2 who was alleged to be the agent and nephew of Defendant 1. A receipt in the total sum of Rs 20,000 was issued by Defendant 2 for and on behalf of Defendant 1. Before filing this suit for specific performance, the plaintiff served a legal notice on 3-8-1976 to both the defendants. Defendant 2 alone gave a reply repudiating the contract.

2. The trial court as well as the learned Single Judge of the High Court in appeal recorded a concurrent finding that an oral agreement did take place between Defendant 2 on behalf of Defendant I and the plaintiff and aforementioned part consideration for sale was pa