JUDGMENT :

(Satyen Vaidya, J.)

1. Appellants have preferred Regular Second Appeal under Section 100 of the Code of Civil Procedure against judgment and decree dated 21.12.2006 passed by learned District Judge, Una, H.P. in Civil Appeal No. 134 of 1999 whereby the judgment and decree dated 25.5.1999, passed by learned Senior Sub Judge, Una, H.P. in Civil Suit No. 163 of 1989, has been affirmed.

2. The suit for specific performance of agreement to sell land comprised in Khewat Khatauni No. 73/199 min, Khasra No 1515 measuring 234-08 sq. meters situated at Up Mohal Behali, Mohal Una, Tehsil and District Una (for short, ‘the suit land’), has been decreed in favour of the respondent/plaintiff.

3. Plaintiff claimed a decree of specific performance of agreement dated 12.9.1988 whereby the predecessor-in-interest of appellants (for short the defendant) Sh. Gurdas Ram had agreed to sell the suit land to the plaintiff for total sale consideration of Rs.72,500/-. As per plaintiff, he had paid Rs.20,000/- to defendant at the time of execution of agreement to sell and thereafter on two occasions i.e. on 8.11.1988 and 02.01.1989 additional sums of Rs.7,000/-and Rs.13,000/-, respectively were paid