JUDGMENT:- In view of the order passed by this Court on 15th January, 2007, this First Appeal is taken up for final hearing with the consent of the learned counsel for the parties.

2. The appellant is the original defendant. A suit was filed by the plaintiff/ respondent for specific performance of contract and by amending the plaint, the plaintiff also sought the possession of the suit property.

3. It was pleaded by the plaintiff that in view of an agreement of sale dated 30-07-2002, the defendant agreed to sell 2.66 Hectares of land to the plaintiff for a total consideration of Rs.2,99,250/- at the rate of Rs.45,000/- per acre. The plaintiff paid an amount of Rs.50,000/ - to the defendant as earnest money. The parties agreed to execute the sale-deed on or before 30-10-2002 after receiving the balance amount of Rs.2,49,250/- at the time of execution of the sale-deed. It is then pleaded by the plaintiff that it was agreed between the parties that the necessary document, i.e. 7/12 extract and other documents, required for the parties to execute the sale-deed, would be supplied by the defendant within the stipulated period. It is then pleaded that in the 3rd week of August, 2002, the pl

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