( 1 ) ON 14th May, 1971 a registered deed of agreement was made between the plaintiff-respondent and the defendant-appellant under which the defendant appellant contracted to sell Premises No. 9/1/c, Ekbalpur Lane measuring 3 cottahs 14 ohittaks 20 sq. ft. of land with structures standing thereon to the plaintiff-respondent at a price of Rs. 30,000/ -. It is also admitted that at the time of the execution of the said agreement, the plaintiff-respondent had paid to the defendant-appellant a sum of Rs. 9,999/- by way of earnest money and part payment in terms of the said agreement. The learned subordinate Judge, 5th Court, Alipore has decreed the suit for specific performance of the said agreement of sale dated 14th May, 1971, inter alia, directing the defendant to execute and register the deed of conveyance in respect of the suit property in favour of the plaintiff on accepting the balance consideration of Rs. 20,001/ -. The learned subordinate Judge has rejected the plaintiff-respondent's claim that on 18th June, 1971 he had paid to the defendant a further sum of Rs. 4,000/-towards part payment of the consideration money and, he was liable to pay Rs. 16,00