1. The defendants – Ram Singh s/o Ghasi Ram & ors have filed the present first appeal under Section 96 CPC against Bhikam Chand s/o Ram Jeevan & anr. being aggrieved by the judgment and decree dated 12/8/2009 passed learned Addl. District Judge (Fast Track) No.3, Jodhpur in a suit for specific performance being Civil Suit No. 603/2004 (351/2004) – Bhikam Chand & Arun Kumar vs. Ram Singh s/o Ghasi Ram & Ors.

2. The said suit for specific performance was filed by the plaintiffs

– Bhikam Chand & Ors. on 2/11/2004 in respect of agriculture land belonging to Ghasi Ram, father of the present appellant-defendant Ram Singh, ad-measuring 28 bighas 19 biswas situated of Khasra no.821, 822, 823, 824, 827 & 827/1 in village Baga, Tehsil & District 2/35 Jodhpur, which was agreed to be sold to the plaintiffs under the agreement to sell dated 28/10/1989 at the rate of Rs.51,000/-per bigha and this agreement dated 28/10/1989 was reiterated under the fresh agreement executed by the present defendant-appellant-Ram Singh s/o Ghasi Ram, after the death of his father Ghasi Ram on 25/1/1991, vide new agreement dated 8/4/1992. Under the agreement dated 28/10/1989, the defendant Ghasi Ram recei