Hari Swarup, J.

1. This is a defendant's appeal arising out of a suit for specific performance of a contract of sale. The plaintiff filed the suit on the allegation that the defendant had entered into an agreement with him for sale of his holding on deposit of ten times the rent within two months from the date of the agreement. The plaintiff further alleged that the defendant had neither deposited the ten times of the rent to obtain bhumidhari rights in the land nor had executed the sale deed. The defendant denied that there was any such contract of sale and contested the suit on other pleas also. The trial court decreed the plaintiff's suit and passed a decree directing the defendant to execute the sale dead after obtaining the bhumidhari sanad in respect of the land in dispute within two months from the date of the decree. This was made subject to the plaintiffs depositing a sum of Rs. 1000/- towards the sale price as this was the balance left with the plaintiff in order to purchase the land. According lo the finding of the trial court the agreement had been entered into for sale of the land for Rs. 5500/- and the defendant had already been paid Rs. 4500/-.

2. The defendan