( 1 ) THIS appeal is directed against the judgment and decree of the 6th Additional District Judge. Saharanpur dt. May 4, 1978.

( 2 ) THE allegations of the plaintiff are that on Aug. 25, 1971 the defendant No. 1 entered into an agreement with him in writing for transfer by sale of the land specified at the foot of the plaint for a consideration of Rupees 12,000/- only. Of this a sum of Rupees 6,000/- was paid by the petitioner as earnest money to the defendant No. 1 on the date when the agreement was entered into and the balance was to be paid upon the deed of sale being registered. It was stipulated also that the sale had to be executed within Aug. 24, 1977 (sic ). The plaintiff had been ready and willing to perform his part of the contract. On Mar. 1, 1972 he also gave a notice under registered cover to the defendant No. 1 asking him to come over to the office of the sub-Registrar, Deoband on Mar. 9, 1972 to execute the sale on receipt of the balance of the sale consideration. The defendant No. 1, however, did not turn up. The suit was instituted thereafter on Mar. 13, 1972 by the plaintiff claiming relief of specific performance of the said agreement. During t