1. - This civil first appeal under Sec. 96 CPC has been filed against the judgment and decree dated 16.09.1995, passed by the Additional District Judge No. 1, Ajmer decreeing the respondents-plaintiff's (hereinafter 'the plaintiff) suit for specific performance. The facts of the case are that the plaintiff filed a suit in the Court of District Judge, Ajmer on 08.09.1986. Subsequently the suit was transferred to the Court of Additional District Judge No. 1, Ajmer. In the suit it was stated that the plaintiff had entered into an agreement to sell with the defendant-appellant (hereinafter the defendant') on 30.06.1983 pertaining to house No. 1-Kh-9, admeasuring 40' X 60' situate in Vaishali Nagar, Ajmer for a sum of Rs. 85,000/-. It was stated that the defendant executed an agreement in favour of the plaintiff on the said date. A sum of Rs. 15,000/- was paid by the plaintiff to the defendant through cheque on 01.07.1983 and Rs. 10,000/- in cash on the same date. Thereafter, the plaintiff alleged that he had paid further sum of Rs. 25,000/- to the defendant on 01.10.1983 through two cheques consequent to which the total payment to the defendant under the agreement to sell date