Hon'ble ASOPA, J.—By this first appeal, the defendant-appellant has challenged the judgment and decree dated 12th April, 2012 passed by the Additional District Judge No.3, Jaipur Metropolitan in Civil Suit No.102/2008, whereby the civil suit filed by the plaintiff-respondent for specific performance has been decreed.

2. Briefly, stated the relevant facts of the suit filed by the plaintiff respondent are that on 7th November, 2006 the plaintiff respondent and the defendant appellant entered into an oral agreement for sale of the disputed plot no.93, Ladli Path, Chomu House, Jaipur, the details of which have been given in para no.1 of the plaint, for a consideration of Rs.25 lacs and a cheque of Rs.21,000/- was given for the same. Subsequently, the said oral agreement was reduced in writing on 16th November, 2006 and further two cheques of Rs.15,000/- each were given to the defendant. Thus total amount Rs.51,000/- was given to the defendant which has been encashed by him. The plaintiff was ready and willing to perform her part of the agreement and a notice in the `Rajasthan Patrika' dated 6th January, 2007 was published on her behalf regarding agreement to purchase of the disputed pro

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