MODI, J.—This first appeal by the defendant Pakharsingh is directed against the judgment of the Additional District Judge, Sri Ganganagar, decreeing the plaintiffs suit for specific performance of the contract.

2. The defendant-appellant Pakharsingh was the owner of the agricultural land measuring 91/2 bighas situate in village Chak No. 1-KK fully described in para No. 1 of the plaint. By agreement dated 9-4-66 Pakharsingh agreed to sell the said land to the plaintiff for Rs. 13,300/-. On the same day, the defendant received from the plaintiff Rs 8,000/- as earnest money. The salient terms of the agreement are as follows —

(1) That the sale will be completed and registered on or before 25-11-66.

(2) That a further sum of Rs. 1000/- will be paid to the defendant on 25-6-66.

(3) That the registration charges shall be borne by the vendee.

(4) That the remaining sale-price will be paid at the time of the registration of the sale-deed, and

(5) that in case of the defendants failure to get the sale-deed registered, he shall refund Rs. 9000/- and he will be further liable to pay Rs. 9000/- as damages and in case the plaintiff failed to get the sale-deed registered the earnest money of Rs. 9000/

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