JUDGMENT :

Mr. Anil Kshetarpal, J. :- This is the plaintiff’s Regular Second Appeal to assail the correctness of the judgment and decree passed by the courts below.

2. In order to comprehend the issue involved in the present case, some relevant facts, in brief, are required to be noticed.

3. The appellant (plaintiff before the trial court) filed the suit for the specific performance of the agreement to sell dated 22.08.1984 with respect to the land measuring 9 bighas on payment of the balance sale consideration. The defendants contested the case on the ground that defendant no.1 agreed to sell his 1/4th share in the agricultural land measuring 9 bighas as he was owner to that extent. It was also alleged that he is an illerate person and the plaintiff mischievously got recorded the entire land measuring 9 bighas. The trial court, in the facts and circumstances of the present case, did not grant the relief of the specific performance of the agreement to sell but awarded Rs.47,000/-. However, the defendants filed the appeal. The First Appellate Court has reduced the amount to Rs.28,200/-. It may be noted here that the plaintiff never filed any first appeal before the First Appellate Cour