( 1 ) THIS is an appeal by the defendant against the judgment and decree passed by the learned Subordinate Judge, 2nd Court Alipore, in Title Suit No. 3 of 1980 for specific performance of a contract for sale.

( 2 ) PREMISES No. 91, Ekdalia Road, P. S. Ballygunge Calcutta consists of two units, one of these units being comprised of the ground floor and the first floor with separate entrance and staircase on the east, facing the road and a car drive passage on the south and the other unit consisting of the second and third floor flats at the top with separate staircase and entrance, facing south on the passage, leading from the main road, and open space at the back and vacant land to the north of the building. The defendant-appellant, Sunil Chandra Ghosh, was the owner of the building at premises No. 91, Ekdalia Road. On 3-3-1972, there was an agreement for sale of the ground floor and the first floor of the premises to the plaintiff-respondent for a sum of Rs. 75,000/ -. In accordance with this agreement for sale, a deed of conveyance was executed on 22-9-1972 by the defendant in favour of the plaintiff-respondent in respect of the ground floor and th