Hon’ble Mrs. Poonam Srivastava, J.—This second appeal is listed for admission. Record was summoned at the time when the appeal was filed and both the Counsels are agreed that this appeal may be decided at the stage of admission itself.

2. Sri H.N. Singh Advocate appears for the defendant-appellant and Sri Rajeev Mishra Advocate for the plaintiff-respondent.

3. The facts giving rise to the dispute are that an agreement to sell in respect of plot No. 15 having an area 1 bigha, 18 biswa and 12 dhoor was executed in favour of the plaintiff-respondent for a consideration of Rs. 1,17,000/- on 4.9.1991. The earnest money paid was Rs. 15,000/-. There was a specific recital in the agreement that since the plaintiff-respondent was not in possession of the entire sale consideration, the sale-deed will be executed by 30.4.1992 after payment of the remaining amount of Rs. 1,02,000/-. It was further agreed that in the event, either party fails to perform its part within the stipulated period, then the plaintiff will be entitled to deposit the remaining money i.e. Rs. 1,02,000/- in the Court and get the sale-deed executed which will not be objected by the defendant-appellant. It was further