JUDGMENT :

J.B. PARDIWALA, J.

1. This First appeal under Section 96 of the Code of Civil Procedure, 1908 is at the instance of the original defendant No.1 and is directed against the judgment and decree dated 19th March 2018 passed by the 5th Additional Senior Civil Judge, Anand in Special Civil Suit No.23 of 2013 filed by the respondent No.1 herein – original plaintiff for specific performance of contract based on a registered agreement of sale.

2. The appellant herein is the original defendant No.1 (subsequent purchaser). The respondent No.1 herein is the original plaintiff and the respondent No.2 herein is the original defendant No.2 (owner of the property, who executed a registered agreement of sale).

3. According to the case of the plaintiff, the defendant No.2 executed a registered agreement of sale dated 22nd December 2011 with respect to the suit property. The suit property is a three storied house situated in Anand, Taluka and District : Anand bearing survey No.937. The total sale consideration fixed was Rs.15 Lac. On the date of execution of the agreement of sale, the plaintiff paid Rs.11 Lac in cash to the defendant No.2. According to the terms of the agreement, the balance