Hon’ble Mahboob Ali, J.—The present second appeal has been filed against the judgement and decree dated 17.10.1978 passed by the District Judge, Mirzapur dismissing Civil Appeal No. 60 of 1976 Onkar Narain v. Smt. Lalli and others, arising out of the judgment and decree dated 30.3.1976 passed by the Trial Court in Original Suit No. 44 of 1971 (Onkar Narain Mishra v. Smt. Lalli and others).

2. Brief facts, which are necessary for the disposal of this Second Appeal, are recapitulated as under :

Admittedly, defendant No. 1/respondent Smt. Lalli was bhumidhar in possession of 2-12-6 Bighas of land of Chak No. 137 (old No. 126) of village Vijaipur, District Mirzapur. Plaintiff/appellant (for short “appellant”) filed Suit No. 44 of 1971 Onkar Narain Mishra v. Smt. Lalli and others contending that defendant/respondent (for short “respondent”) Smt. Lalli entered into an agreement to sell the aforesaid land to him for a consideration of Rs. 9000/- and having received a sum of Rs. 4000/- as earnest money, executed an agreement of sale dated 27.2.1971 in his favour and also delivered possession to him over the land in question, she promised to execute the sale-deed within a period of