JUDGMENT :

1. This is defendant's second appeal arising from a suit for specific performance of contract decreed ex parte. Original Suit No. 101 of 1992 was instituted on 02.07.1992 before the Court of the Civil Judge, Mirzapur (now redesignated as Civil Judge, Senior Division) by the respondents, claiming relief of specific performance of contract. They sought specific performance of a registered agreement to sell dated 14.06.1990 said to be executed by the defendant-appellant in their favour, covenanting to sell immovable property as detailed at the foot of the plaint, for a valuable sale consideration of Rs. 65,000/-. The aforesaid registered agreement to sell is hereinafter referred to as 'the suit agreement'. The property that is subject matter of the suit under reference, is hereinafter be referred to as 'the suit property'. The appellant is hereinafter referred to as 'the defendant', whereas the respondents are referred to as 'the plaintiffs'.

2. It was the plaintiffs' case that at the time of execution and registration of the suit agreement, a sum of Rs. 30,000/- was paid in cash, leaving a balance sale consideration of Rs. 35,000/-. The plaintiff claimed to have requested th