JUDGMENT :

SANDEEP SHARMA, J.

1. Instant appeal filed under Section 96 of CPC, lays challenge to judgment and decree dated 13.5.2013, passed by the learned District Judge, Sirmaur at Nahan, H.P. in Civil Suit No. 10-CS/1 of 2009, whereby suit filed by the respondents-plaintiffs (hereinafter referred to as “the plaintiffs”) for possession by way of specific performance of agreement to sell dated 4.6.2008 of property comprised in Khata/Khatauni No. 292/178 min Khasra No. 2938 to 2944 measuring 209.24 sq. meters of village Up Sampada, Badri Nagar, Tehsil Paonta Sahib, District Sirmaur, H.P. (in short the “suit property”) came to be decreed.

2. Precisely, the facts of the case as emerge from the record are that plaintiffs filed suit before the learned District Judge, Sirmaur District at Nahan, H.P. averring therein that appellant-defendant (in short “the defendant”) is recorded as owner in possession of the suit property and major portion of the same is under a residential house, whereas some portion of the property is lying vacant. Defendant approached the plaintiffs and offered to sell the suit property to them for a total consideration of Rs. 14,50,000/-. Plaintiffs averred in the suit