JUDGMENT :

Rajiv Sharma, J.

This regular second appeal is directed against the judgment and decree of the learned Addl. District Judge (I), Kangra at Dharamshala, H.P., dated 3.7.2003 passed in Civil Appeal No. 65-K/2001.

2. Key facts, necessary for the adjudication of this regular second appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff, for the convenience sake), filed a suit for specific performance against the appellant-defendant (hereinafter referred to as the defendant). According to the plaintiff, the defendant entered into agreement to sell the whole land comprised in khata No. 104, khatauni No. 165, 166, khasra Nos. 371, 372, 373, 373/1, 373/2, 374, kita-6, area measuring 202 sq. meters, as entered in the jamabandi for the year 1990-91, situated in Mohal Bohan, Mauza Bohan, Tehsil Dehra, District Kangra, H.P. for consideration of Rs. 30,000/-. The defendant had received a sum of Rs. 15,000/- as earnest money. The defendant has agreed to execute the sale deed on or before 10.7.1993. The defendant had undertaken to get the consent of his brother also to sell his share. It was also agreed that in case his brother refused to execute the sale deed