Honble AGRAWAL, CJ. — This is a defendants special appeal under Sec. 18 of the Rajasthan High Court Ordinance, 1949 preferred against the Judgment of a learned Single Judge maintaining the decree of the trial court for specific performance of the agreement.

(2). Inside Ajmeri Gate, Thakur Boraj Ka Rasta, Chowkri Modi Khana, Jaipur City, there is situated a Haveli known as Boraj Thakur Ki Haveli with land measuring 87.6 x 27.6 at its back towards the south adjoining the Ganda Nala. The said property was owned and possessed by Thakur Vijai Singh of Boraj. After Thakur Vijai Singh, Thakur Ganpat Singh (father of Thakur Shanker Singh, plaintiff) owned and passed the said Haveli including the said land being heir of Thakur Vijay Singh. After death of Thakur Ganpat Singh, a partition took place between Thakur Shanker Singh and Thakur Sajjan Singh sons of Thakur Ganpat Singh and the aforesaid land measuring 87.6 x 27.6 came to the share of Thakur Shanker Singh. Since then the Chhoti Haveli and the said and was owned and possessed by Thakur Shanker Singh, defendant. After attaining majority. Shanker Singh executed a registered agreement dated 8.2.61 to sell the said land along with portion

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