Rameshwar Singh Malik, J.

1. Defendant is in second appeal against the concurrent findings of fact, recorded by both the learned courts below in a suit for specific performance, whereby suit of the plaintiff-respondents was decreed. Brief facts giving rise to the present appeal are that plaintiff/respondent No. 1 filed a suit for specific performance, on the allegations that defendant No. 1 Dharampal entered into an agreement to sell dated 22.9.1992 with the plaintiff-respondent No. 1, to sell the agricultural land comprised in Khewat No. 41, Khatoni No. 65 measuring 49 kanals 14 marlas to the extent of 1/8th share i.e. 6 Kanals 4 marlas, Khewat No. 43, Khatoni No. 67 measuring 39 Kanals 14 marlas to the extent of 1/16th share measuring 2 Kanals 10 marlas, Khewat No. 50, Khatoni No. 77 measuring 12 kanals 2 marlas to the extent of 5/1536 share. It was alleged that at the time of agreement it was stated by defendant No. 1 that he was owner in possession of the land in dispute vide judgment and decree dated 12.3.1987 passed in Civil Suit No. 120 dated 10.3.1987 titled Balbirv. Bihari Lal. As per terms of the agreement, the total consideration of the land was agreed to be ` 70,000/- ou

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