( 1 ) THIS is a second appeal arising out of a suit, being suit No. 1478 of 1091 (Smt. Ram Rekha v. Ram Das) for specific performance of contract. The facts of the case are that appellant Ram Das agreed to transfer, the suit land by sale in favour of plaintiff-respondent Smt. Ram Rekha for the consideration of Rs. 12000 -. An agreement of sale was executed and presented for registration before the concerned Sub-Registrar on 25-2-1982 and it was registered on 23-4-1982, the defendant-appellant had received a sum of Rs. 500. 00 from the plaintiff- respondent towards sale consideration prior to execution, of the sale-agreement and a further sum of Rs. 5,500. 00 was actually paid to him before the Sub-Registrar on the date on which the agreement was executed and presented for registration. The suit land being admittedly situate in the Urban Agglomeration of Gorakhpur, it was provided in the agreement that if the Vendor failed to execute the sale deed within a period of three months of the grant of permission for sale by the Competent Authority (Urban Land Ceiling), the Vendee would be at liberty to file a suit for specific performance of the contract.

( 2 ) THE Vendee Sm