VINOD K. SHARMA, J. (ORAL) - This regular second appeal has been filed against the judgments and decrees passed by the learned Courts below vide which suit filed by the plaintiff-respondent No.1 for specific performance of the contract, has been ordered to be decreed.

2. The plaintiff respondent No.1 brought a suit for specific performance for enforcement of an agreement to sell dated 3.6.1998 executed between the plaintiff and defendant No.1, for sale of land, for a total sale consideration of Rs. 3,85,000/-(Rupees three lac and eighty five thousand only). Out of that a sum of Rs. 3,00,000/-( Rupees three lac only) was received as earnest money-cum-part payment from the plaintiff respondent No.1 and it was agreed that sale deed would be executed on or before 30.6.1998 on payment of balance sale consideration. Liberty was also given to plaintiff respondent No.1 to get the sale deed executed and registered in his favour or in favour of his nominee.

3. The plaintiff pleaded that he was always ready and willing to perform his part of contract, however, defendant No.1 on 9.9.1998 executed a sale deed in favour of defendant No.2 for a total sale consideration of Rs. 3,24,000/-(