Hon’ble Pramod Kumar Srivastava, J.—Heard learned counsel for the parties on the point of admission of second appeal and perused the records.

2. Original suit No. 88 of 2001 (Ram Charan Sharma v. Smt. Rajwati Devi) was filed for specific performance of contract. The plaint case in brief was that registered agreement to sell dated 31.3.1999 was executed between the parties, by which defendant Smt. Rajwati Devi had agreed to sell her bhumidhari plot No. 316 to plaintiff Ram Charan Sharma for a consideration of Rs. 72,000/- and had received advance consideration of Rs. 64,000/-. It was agreed that defendant will execute the sale-deed of this property to plaintiff after receiving remaining consideration within one year and hand over its possession. But defendant had not taken interest in executing the sale-deed, then plaintiff had sent her legal notice and also orally requested. On the basis of assurance given on behalf of defendant, the plaintiff has been waiting in Sub-Registrar Office at stipulated time for sale-deed, but the defendant had not turned up. The plaintiff has been ready ad willing to perform his part of contract by paying remaining consideration for getting the