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 received a sum of Rs.2 lacs towards the consideration and under the new agreement dated 8/4/1992, the defendant Ram Singh received a sum of Rs.1 lac and a further sum of Rs.75,000/-on 28/9/1993 and thus a total sum of Rs.3,75,000/-was paid by the plaintiffs to the defendants under these two agreements. Since, some litigation was pending with respect of the said agriculture land, it was agreed between the parties that upon the title of the defendants being cleared, the plaintiffs would pay the remaining consideration and the registered sale deed would be executed in their favour and it was also agreed that the cost of litigation in respect of the said agriculture land would be borne by the plaintiffs.

3. It is case of the plaintiffs that after the dispute with regard to the title of the defendants became clear on mutation in relevant record in their favour on 18/12/2002 against which the State appeal was dismissed by the Divisional Commissioner, Jodhpur only on 20/11/2003, the plaintiffs served registered notice on the defendants on 16/8/2004 for executing the registered sale deed in their favour as they are ready and willing to pay the balance amount of consideration for transfer of said agriculture land and upon refusal on the part of the defendants, the present suit was filed by the plaintiffs on 2/11/2004.

4. The defendants contested the said suit and after recording the evidence of both the parties, the learned trial court decreed the suit by a detailed 70 pages judgment & decree dated 12/8/2009 and directed the defendants to execute the sale deed subject to some conditions. The operative portion of the judgment & decree of learned trial court is quoted below for ready reference:-

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