JUDGMENT

Mahendar Kumar Goyal, J. - The instant first appeal has been preferred by the appellant-plaintiff (for brevity-'the appellant') aggrieved by the judgment and decree dated 16.03.1996 passed by the learned Additional District Judge No. 6, Jaipur City, Jaipur, whereby, the Civil Suit No. 474/1989 seeking decree of specific performance of the agreement dated 24.10.1988, mesne profit as well as permanent injunction, has been dismissed.

2. The facts in brief are that the appellant filed a suit with the averments that the respondent-defendant no. 1 (for brevity-'the respondent no. 1') agreed to sell, vide sale agreement dated 24.10.1988, the property bearing municipal no. 2820/21, Kalyan Ji Ka Rasta Mohalla Nayariyan, Jaipur, comprising of a shop on ground floor with multi-storied residential house constructed thereon for a total sale consideration of Rs. 2,13,000/- under which an advance of Rs. 13,000/- was paid on that day itself. Under the agreement, the respondent no. 1 was required to hand over possession of the entire property to the appellant within a period of one and a half months from the date of its execution on receipt of Rs. 1,00,000/- and the balance sale considerati