JUDGMENT:-This is an appeal under Section 100 read with Order 42, Rule 1 of the Civil Procedure Code, 1908, by, the appellant-defendant against the judgment dated 10-6-1985 of the learned District Judge, Nagaon, in T. A. No. 4/84.

2.The brief facts of the case are that the respondent-plaintiff filed TS No. 14 / 80 in the Court of the learned Assistant District Judge, No. 1, Nagaon for specific enforcement of contract for sale of land in respect of an area measuring lK 4L covered by Dag No. 1843 in PP No. 1134 of Nagaon Town. The Plaintiffs case in the said suit was that on 16-6-1979, the defendant executed a "Baina-nama" agreeing to sell the aforesaid land within 9 months for a total consideration of Rs. 20,000/ -, of which Rs. 5,000 / - was received by the defendant on 16-6-1979 and the balance amount of Rs, 15,000 / - was to be paid by the Plaintiff at the time of execution of the sale deed. Thereafter, the plaintiff offered to pay the balance consideration of Rs. 15,000/- several times to the defendant but the defendant avoided execution of the sale deed. Since the 9 months period as stipulated in the "Baina-nama" was to expire on 16-3-1980, the plaintiff informed the