( 1 ) THIS is defendants Second Appeal against the Judgment and decree dated 21-7-1993 passed by Sri C. B. Jaiswal, the then District Judge, Jhansi dismissing the Civil Appeal No. 46 of 1992, filed by the appellant.

( 2 ) ). Respondent Arjun Singh had filed Suit No. 193 of 1998 alleging that on 23-12-1985, the defendant had agreed to sell his Bumidhari plot No. 76 area 4. 32 Acres situated in village Khiriya Nad, Pargana and Tehsil Moth district Jhansi for a sum of Rs. 32,740. 00. Prior to that an agreement dated 23-11-1985 was executed and a sum of Rs. 10,750. 00 was advanced but the sale-deedcould not be got executed within the prescribed time. Therefore, the second agreement dated 23-12-1985 was got executed and in addition to Rs. 10,750. 00 already advanced earlier further sum of Rs. 14,000. 00 was advanced to the defendant and the agreement was registered with the Sub Inspector. According to the terms of the agreement the sale deed was to be executed after payment of balance of Rs. 8,000. 00 by the plaintiff by 15-5-1986. The plaintiff asked the defendant to execute the sale deed after receiving the balance sale consideration but the defendant had been postponing