ORDER :

1. Leave granted.

2. Heard learned counsel for the parties.

3. The defendant has come up in the appeal aggrieved by Judgment passed by the High Court of Judicature for Rajasthan Bench at Jaipur. The High Court has allowed the appeal and set aside the judgment passed by the first appellate court and restored the decree passed by the trial court decreeing the suit.

4. The facts lies in the narrow compass :

The plaintiff Ram Rattan, an advocate filed a suit claiming specific performance of agreement to sell dated 14.1.1977 said to have been entered into for a consideration of Rs. 3,000/-, it was averred that earnest money of Rs. 2,500 was paid to the deceased Motilal, father of defendant-Kalla, who was admittedly ailing seriously at the relevant point of time and required the money for his treatment. The plaintiff had averred that he approached the defendant-Kalla for execution of the sale deed as such suit was filed in March, 1983. It appears that order of status quo was passed however defendant-Kalla had sold the suit property in favour of Bhagirath in the year 1986 which appears to be in violation of the order of injunction passed by the trial court.

5. The defendant had not take