Hon’ble Prakash Krishna, J.—This is defendant’s appeal under Section 96 of C.P.C. against the judgment and decree dated 19th of August, 1977 passed by the First Additional District Judge, Shahjahanpur in O.S. No. 19 of 1976 whereby it decreed the suit for specific performance of an agreement to sell.

2. O.S. No. 19 of 1976 was instituted by the plaintiff respondents on the pleas inter alia that the plaintiff agreed to sell four plot Nos. 356-A, 312, 356-B and 366 total area admeasuring 7.59 acres for a sum of Rs. 23,000/- situate in village Fatehpur Bujurg, Pergana and Tehsil Tilhar, District Shajahanpur. A registered sale agreement dated 28th of June, 1974 was arrived at between the parties and a sum of Rs. 5,000/- was given to the defendant at the time of execution of the agreement, Rs. 2,000/- at the time of the registration of the agreement and it was agreed upon that the balance amounting to Rs. 18,500/- would be payable at the time of the registration of the sale-deed. January 10, 1975 was the date fixed for the execution of the sale-deed. It so happened that the defendant could not obtain Bhumidhari Sanad in respect of these plots and therefore another registered agre