ORDER :

Heard learned counsel for the parties.

2. Leave granted.

3. The defendant-appellant has come up in appeal, aggrieved by the judgment and decree passed by the trial court and affirmed by the First Appellate Court as well as the High Court, decreeing the suit for specific performance.

4. The plaintiff-respondent filed a suit for mandatory injunction, directing the defendant to execute the sale deed and alternatively, a prayer was made to direct for handing over of possession by way of specific performance. Initially the court fee for specific performance was not paid. Later on it appears that on an objection being raised by the defendant with respect to the non-payment of the court fee, the same was deposited. Be that as it may.

5. It was averred in the plaint that the plaintiff-Jaspal Singh entered into an agreement for sale, with defendant-Avtar Singh on 26.6.1998, for a sum of Rs.3,10,000/- (Rupees Three Lakhs Ten Thousand only), with respect to his share out of joint khata along with interest. An agreement was entered into only to sell the extent of land belonging to the share of the defendant in an area measuring 22 kanals 4 marlas. It was mentioned that possession had been h