1. The present first appeal is directed against the judgment and decree dated August 28, 2006 passed by the learned Additional District Judge No.1 Jaipur, Jaipur City (hereinafter referred to as ‘the trial court’) in civil suit No.18/2006 whereby the trial court decreed the suit of the plaintiff for specific performance of an agreement to sell with costs. The legal representatives of the deceased sole defendant Smt. Chandan Devi in the said suit, aggrieved by the aforesaid judgment and decree, are before this court as appellants. For the sake of convenience, the parties are referred to in this judgment with the same status as they were before the trial court.

2. Brief facts giving rise to this appeal are that a suit for specific performance of the contract was filed by the plaintiff Shri Gyan Chand Kothari alleging that an agreement to sell in respect of a property-a residential house No.D-146, Rajendra Marg, Bapu Nagar, Jaipur was entered into between the plaintiff and the defendant Smt. Chandan Devi on 19.01.1996. The defendant agreed to sell her aforesaid property for a consideration of Rs.18 Lakh. Out of the said consideration, Rs.16 Lakh were paid by the plaintiff on