Vinod K. Sharma, J. (Oral) - The present regular second appeal has been filed against the judgment and decree passed by the learned courts below decreeing the suit filed by the plaintiff-respondent for specific performance of the contract.

2. The suit was filed on the allegation that the agreement was entered into between the parties on 6.11.1999 vide which defendant Nos. 1 to 3 had agreed to sell land measuring 4 bighas in favour of the plaintiff and defendant No. 4 in the ratio of 2:1. It was also alleged that a sum of Rs. 2,40,000/- was paid to the defendant Nos. 1 to 3 as earnest money. However, no date for the execution of the sale-deed was fixed. It was the case of the plaintiff- respondent that he went to the office of Sub-Registrar, Ahmedgarh on 6.6.2000 for execution of sale-deed along with the remaining sale consideration and, therefore, waited for the defendant Nos. 1 to 3 in the compound of Sub- Registrar, Ahmedgarh, but they did not come present. It was also case of the plaintiff that he had got his presence recorded on 6.2.2002 before the Sub- Registrar, Ahmedgarh. But the defendant-appellants did not come present. It was further pleaded in the plaint that de