1. - This is a civil regular first appeal filed by the appellant- defendant No. 2 (hereinafter referred to as 'the defendant No. 2') against the judgment and decree dated 30.4.1985 passed by the learned District Judge, Balotra Camp Barmer, by which the suit for specific performance filed by the plaintiff- respondent No. I (hereinafter referred to as 'the plaintiff') against defendant No. 1-respondent No. 2 (hereinafter referred to as 'the defendant No. l') and defendant No. 2, was decreed and it was ordered by the Court that plaintiff would deposit Rs. 2,000/- as expenses for registry etc. within two months and, thereafter, both defendants No. 1 & 2 would get the sale deed registered in favour of the plaintiff in pursuance of agreement Ex. 1 and the possession of Khasra Nos. 32, 33 & 34 measuring 67 bighas 10 biswas would be delivered to the plaintiff.

2. This first appeal arises in the following circumstances:-

The plaintiff-Nand Ram filed a suit for specific performance and permanent injunction against bath defendants in the Court of District Judge, Balotra on 28.8.1982 alleging that on 26.1.1981, the husband of defendant No. 1-deceased-Kheta (hereinafter referred to as 't