Honble TATIA, J.–This is appeal against the judgment and decree dated 2.12.1988 passed by the District Judge, Sirohi in Civil Original Suit No. 47/83 (189/84) by which the trial court decreed the suit of the plaintiff-respondent for specific performance of the contract dated 9.10.89.

(2). Brief facts of the case are that the plaintiff alleged in the plaint that the defendant agreed to sell his house to the plaintiff on 9.10.1980 for a consideration of Rs. 47,000/-. This agreement was oral According to the plaintiff it was agreed that the defendant will bring the title deeds from village Basni and will hand over the documents to the plaintiff. The plaintiff thereafter, will be satisfied with the title of the house of the defendant. The defendant will also hand over the possession of the rest of the building within one year except the portion in which the the plaintiff is already in possession as tenant. After completion of above, the stamps will be purchased at the cost of the plaintiff and the sale deed will be executed and will be registered. At the time of registration of the sale deed, the plaintiff will make payment of balance amount of the sale consideration. it is further subm

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