Mungeshwar Sahoo, J.

1. This first appeal is directed against the judgment and decree dated, 25th November, 2006 passed by Sri Om Shankar Srivastava, the learned Sub Judge-ill, Patna in Title Suit No. 102 of 2005 decreeing the Plaintiff-Respondents suit for specific performance of contract.

2. The Plaintiff-Respondent filed aforesaid title suit praying therein the following reliefs:

(a) Decree for specific performance of contract for sale with respect to the land in suit detailed in Schedule I below in pursuance of the baibeyana deed dated, 14th September, 2004 be passed in favour of the Plaintiff and against the Defendant.

(b) On grant of Relief No. (a) the Defendant be directed to execute and register the sale-deed in favour of the Plaintiff and in case of failure the sale-deed be executed and registered through the process of the Court and the Plaintiff be put in possession over the suit property through the Court.

(c) Alternatively decree for Rs. 55,000 the amount already paid to the Defendant along with interest pendentilite and.future @ 18 per cent p.a. be passed in favour of the Plaintiff and against the Defendant.

(d) Cost of the suit be awarded to the Plaintiff and against the Defendant.

(e) Any other relief or reliefs to which the Plaintiff is found entitled be passed in favour of the Plaintiff.

3. The description of the property in suit has been given in Schedule 1. The area of which is 8 dhur with tile house. At paragraph 10 of the plaint it is specifically pleaded that the suit is valued at Rs. 3,05,000 being the value of the land in suit as per agreement.

4. The Plaintiff-Respondent prayed for the aforesaid relief alleging that the Defendant being the owner of the suit land detailed in Schedule 1 contracted to sell the same to the Plaintiff and talk for sale was finalized for a total consideration of Rs. 3,05,000. A baibayana deed was executed on 14th September, 2004 on receipt of Rs. 50,000 as earnest money. It was agreed that the sale deed would be executed and registered within six months. Since the date of agreement the Plaintiff was always, willing and ready to pay the balance consideration amount and to get the sale deed executed and registered but the Defendant is always avoiding the matter on one or other grounds. On the request of the Defendant the Plaintiff further paid Rs. 5000 on 31st January, 2005 and the Defendant acknowledged the receipt of the said amount on the back of the first page in the baibayana deed. The Defendant had agreed to measure the land and execute and register the sale deed but in spite of repeated request the Defendant is not ready. The Plaintiff sent notice requesting him to execute and register the sale deed but in spite of service of notice he did not turn up. Therefore, in spite of the readiness and willingness of the Plaintiff to pay balance consideration amount the Defendant is avoiding to execute and register the sale deed. Hence the suit.

5. The Defendant-Appellant appeared and filed a contesting written statement. The Defendant mainly contended that the suit has been filed with mala fide intention making false allegations. The Defendant admitted that he was in need of money and, therefore, contacted the Plaintiff who had seen the house and agreed to purchase the same at Rs. 3,05,000 . The said amount was finalized between them and the baibayana deed was executed on 14th September, 2004. The Defendant also admitted to have received Rs. 50,000 as advance. The Defendants further case is that the Plaintiff agreed and promised to pay remaining consideration amount within six month from the date of baibayana and get the sale deed executed and registered and in case of failure the advance amount shall be forfeited. The balance consideration amount was Rs. 2,55,000 which was to be paid within six weeks. After the said baibayana the Defendant requested the Plaintiff and her husband several times i.e. in the last week of December 2004, second week of January 2005 and last