( 1 ) THIS second appeal arises out of judgment and decree dated 26-5-1984, passed by the 10th Additional District Judge, Sitapur in Civil Appeal No. 42 of 1984 arising out of judgment and decree dated 25-2-1984, passed by Civil Judge, Sitapur in Regular Suit No. 117 of 1982 whereby the trial Court had decreed the plaintiff-respondents claim in suit and First Appellate Court had also confirmed the said decree and judgment of the trial Court.

( 2 ) THE facts of the case in brief are that plaintiff-respondent Ram Bilas filed a suit against the defendants-appellants Godhan and 3 others for specific performance of contract to execute the sale deed in respect of agricultural plots Nos. 116 (area 1 bigha 13 biswan) 117 (area 2 biswa), 118 area 1 biswa), and plot No. 134 (area 4 bighas and 10 biswas 11 biswansi) situated in village Pooranpur, Pargana Bari, Tahsil Sidhauli, District Sitapur. According to the plaint case on 18-11-1981, the defendant No. 1 has entered into an agreement for sale of plots in dispute to the plaintiff for a sum of Rs. 12,000. 00 and a sum of Rs. 1000. 00 was paid by the plaintiff respondent to the defendant-appellant No. 1 on the aforesaid date