Nisha Gupta, J.

This is defendant's first appeal against the judgment and decree dated 7.7.84 passed by Additional District Judge, Kishangarhbas Distt. Alwar in Civil Suit No. 44/1980 (79/79) whereby the suit for specific performance of the agreement to sale has been decreed.

2. The brief facts of the case giving rise to this appeal are that plaintiff respondent filed a suit for specific performance of the contract for sale of agricultural land measuring 10 bighas and 3 biswas. Initially, the suit was filed against defendant respondent No.3 Gordhan Lal only. The case of the plaintiff respondent was that Gordhan Lal executed an agreement to sale Ex.1 in respect of the agricultural field on 17.5.79 for a sum of Rs.34,500/- in favour of plaintiffs and a sum of Rs.20,000/- was paid in cash and receipt Ex. 2 was issued on the same day. It was also pleaded that the balance amount was agreed to be paid on 15.12.79 at the time of registration of sale deed, sum of 14,500/- was paid on 17.11.79 and it was agreed that the registration of the sale deed shall be made on 18.11.79 but thereafter, respondent Gordhan Lal refused to execute the sale deed though the plaintiff respondents were