RAJBIR SEHRAWAT, J.

1. This is the second appeal filed by the defendant No. 1 in the suit challenging the concurrent judgment and decree passed by the Courts below, whereby, the suit for specific performance filed by the plaintiff has been decreed.

2. For the reference, the parties in the present appeal would be referred to as plaintiff and defendants; as they were described in the original suit.

3. The brief facts of the case as mentioned in the suit are that the plaintiff filed a suit claiming that defendant-Sh. Singhram, now represented through legal representatives, entered into an agreement to sell dated 17.11.1990 to the effect that he was the owner in possession of land measuring 1200 sq. yards comprised in Khasra No. 758 situated within the revenue estate of Village Nathupur Tehsil and District Gurgaon. It was further claimed by him that land is free from all sorts of encumbrances. Believing the representation made by the vendor/defendant, the plaintiff agreed to purchase the said property. The price of the land was settled at rate of Rs. 150/- per sq. yard and a total consideration for the sale was Rs. 1,80,000/-. Out of that Rs. 1,25,000/-was paid by the plaintiff