1. Heard Shri M.N. Pandey, learned counsel for the appellant and Shri Kamlesh Singh, learned counsel for the respondent.

2. This is defendant's second appeal against the judgment and decree dated 21.11.2007 passed by Shri Ramesh Shankar, District Judge, Mainpuri in Civil Appeal No.11 of 2003 confirming the judgment and decree dated 9.5.2003 in part and partly setting aside the judgment and decree of the trial court passed in Original Suit No.187 of 1996 by the Civil Judge (J.D.), Mainpuri.

3. The plaintiff instituted a suit for specific performance of two contracts of sale dated 28.11.1992 and 28.12.1994 against the defendant. Alternative prayer for refund of the advance sale consideration along with interest was also prayed.

4. The plaintiff's case is that defendant Ram Bahadur is the owner in possession of Bhumidhari plot No.869, area 0.401 hectare situated in Mauza Jasrau, Pargana Tahsil and District Mainpuri; that defendant agreed to sell his half share in the aforesaid property to the plaintiff for an amount of Rs.18,000/- and plaintiff paid Rs.14,000/- as advance sale consideration and executed registered agreement to sell dated 28.12.1992; that a period of two years w