Dr. Vineet Kothari, J.—This appeal under Sec. 96 CPC is directed against the judgment and decree dt. 02.05.2000 passed by learned ADJ No.2, Alwar decreeing the Civil Suit No.153/1988 in favour of plaintiff Saheb Khan for specific performance. The defendant Ujagar Singh has filed this appeal along with Naboo S/o Habib Meo, allegedly subsequent purchaser of the portion of agriculture land in question.

2. The facts in brief are that the plaintiff came to the Court with the plea to the effect that defendant No.1 Ujagar Singh had agreed to sell vide agreement dt. 06.12.1986 his agriculture land of 7 bighas 2 biswas comprised in Araji Khasra No.280-one bigha, one biswa; Khasra No.281-one bigha one biswa; Khasra No.244-six biswa; Khasra No.245-one bigha; Khasra No.663-three bighas 14 biswas and also one “Bakhal” consisting of two adjoining houses over 45’x40 sq.ft. for a total consideration of Rs.1,00,000/- (Rupees one lac only) and on the said date of agreement i.e. 06.12.1986, the defendants received advance sum of Rs.40,000/- in cash from the plaintiff and agreed to execute the registered sale-deed in favour of the plaintiff on payment of balance amount of Rs.60,000/-. However since the

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