Hon'ble KOTHARI, J. — This first appeal has been filed by the plaintiff Dhara Singh against the judgment and decree of the learned trial Court dismissing his suit for specific performance on 16.12.2000.

2. The plaintiff had filed a civil suit No. 30/1991 against the three defendant - brothers Fateh Singh, Chhabek Singh and Hardeep Singh in respect of agreement to sell 9 bighas of land agreements being dated 9.2.1985 and 15.12.1985 for sale of total 9 bighas of land situated at 16 GB Tehsil Sri Vijaynagar, Dist. Sri Ganganagar for consideration of Rs. 74,250/- mentioned in the agreement dtd. 9.2.1985 against which the plaintiff paid a sum of Rs. 25,000/- at the time of agreement and some amount later and a total sum of Rs. 66,450/- was paid to the defendants.

3. The suit was contested by the defendants except one of the brothers Chhabek Singh who filed written statement in favour of the plaintiff.

4. That the trial Court has framed as many as 12 issues and while deciding all other issues in favour of the plaintiff including the fact that the plaintiff was put in physical possession at the time of said agreement dtd. 9.2.1985 in respect of said 9 bighas of land and issues relati