Heard.

1. This appeal is directed against the impugned judgment and decree dated 10.12.1992 passed by learned Second Additional District Judge to the Court of District Judge, Bastar in Civil Suit No.5-A/1989 by which the learned trial Court has decreed the suit of the plaintiff for specific performance of agreement of sale between the parties in respect of the house in dispute as stated in the plaint.

2. The original deceased respondent/plaintiff Manohar Lal Soni filed a suit seeking a decree of specific performance of contract on the pleadings that appellant/defendant Rajendra Kumar Jha (appellant herein) had entered into an agreement to sell his house standing on the land admeasuring 1034 sq.ft situated in sheet No.92 of khasra No. 124/1 at Jagdalpur on 14.3.1981. It was further pleaded that the parties had agreed for consideration of Rs.25,000/- and Rs.2,000/- was paid in advance. Further pleadings were that the plaintiff gave two cheques one of Rs. 10,000/- and the other of Rs.5,000/- to the defendant on 24.4.1981, which was also encashed. According to plaintiff, Rs.2000/- was given to the defendant on 7.9.1981 for purchase of stamp. When defendant did not proceed