Hemant Gupta, J. (Oral):- The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit of the plaintiff for specific performance of the agreement to sell dated 3.6.1995 stands decreed.

2. The plaintiff-respondent filed a suit for specific performance of the agreement of sale dated 3.6.1995 in respect of the property measuring 1¼ marls agreed to be sold by the defendant for a sum of Rs.1,87,000/-. It is the case of the plaintiff that a sum of Rs.51,000/- was paid as earnest money to the defendant and the sale deed was to be executed on payment of balance sale consideration on 5.10.1995. Since the defendant failed to execute the sale deed, even though the plaintiff remained present in the office of the Sub Registrar on the aforesaid date, the plaintiff filed the present suit for specific performance of the agreement of sale after giving another opportunity to the defendant to get the sale deed executed.

3. The defendant, in the written statement, denied the allegations taking preliminary objections that the alleged agreement is a result of fraud and misrepresentation. In para 12 of the written statement, the defendant ha