” This first appeal under Section 96, CPC is directed against judgment and decree dated 24.09.1991 passed by Additional District Judge, Raisinghnagar, whereby, the suit filed by the appellant for specific performance was rejected.

2. The facts in brief may be noticed thus : the appellant-plaintiff filed a suit, inter alia, with the averments that land ad measuring 26 Bigha, 10 Biswa situated at Chak 4-FD, Tehsil Raisinghnagar was owned by Sardar Singh husband of defendant No. 3 Kammo and father of defendant Nos. 1 and 2 Avtar Singh and Harnam Singh; Sardar Singh has died and after his death defendant Nos. 1 to 3 are his legal representatives; the agreement pertaining to the disputed land was executed by defendant No. 1 Avtar Singh for a sum of Rs. 45,000/- on 14.02.1975 and he received Rs. 25,000/- as advance and executed agreement to sale dated 14.02.1975 and handed over possession of the land; ever since plaintiff was in cultivatory possession of the land; the agreement was entered into by the defendant No. 1 on his own behalf and as attorney of defendant No. 2 Harnam Singh and Kammo Bai and took responsibility to get sale-deed executed from Harnam Singh and Kammo Bai;