P.K. Lohra, J.

Appellant-defendant has laid this first appeal under Section 96 of the Code of Civil Procedure , 1908 (for short, 'CPC') for assailing the impugned judgment and decree dated 05.10.1987 passed by the learned Addl. District Judge No.2, Sri Ganganagar (for short, 'learned trial Court').

2. The learned trial Court on adjudication of the suit filed by respondent-plaintiff has passed a decree for specific performance of contract in his favour and against the appellant.

3. The factual matrix, as depicted in the plaint, is that the respondent-plaintiff instituted a civil suit against the appellant-defendant for specific performance of contract, inter-alia, on the ground that the appellant defendant executed an agreement to sale in respect of his House No.130, 'E' Block, Sri Ganganagar, measuring 32 x 50 ft, for a consideration amount of Rs. 40,000/-. As per description in the plaint, the house in question is having six rooms and latrine etc, and the agreement to sale was executed on 21st of December 1981. The respondent plaintiff also averred in the plaint that at the time of agreement to sale, security amount/earnest money of Rs. 10,000/- was paid to the appellant on