HEMANT GUPTA, J. - The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for specific performance of the agreement dated 23.4.1991, was decreed.

2. The plaintiff entered into an agreement of sale dated 23.4.1991 with the appellant for a total sale consideration of Rs.21,000/-. A sum of Rs.7000/-was paid as earnest money and the balance was to be paid at the time of execution of the sale deed which was contemplated on or before 10.6.1991. It is the case of the plaintiff that on 10.6.1991, she remained present in the office of Sub Registrar, Nawanshahr with the balance sale consideration and other expenses, but the defendant did not reach the office of Sub Registrar, to perform his part of the contract. The present suit for specific performance was filed on 26.5.1992. Such suit was resisted by the defendant, on the ground that he is not the exclusive owner of the property in dispute and also he is not in possession of the same. However, it was admitted that he was one of the co-owners to the extent of 7/45th share in the property in dispute. However, the execution of the agreement with the plaintiff was admitt