JUDGMENT :

1. This is a defendant’s second appeal, arising from a suit for specific performance of contract.

2. The plaintiff-respondent’s suit, being Original Suit no.319 of 1999, was tried and decreed by the learned Civil Judge, Kanpur Dehat vide his judgment and decree dated 03.02.1991. The plaintiff-respondent appealed to the learned District Judge, Kanpur Dehat vide Civil Appeal no.10 of 1992. The said appeal was heard and allowed with costs by the Ist Additional District Judge, decreeing the suit for specific performance of contract, vide his judgment and decree dated 31.08.1992.

3. Ramesh Singh, the plaintiff-respondent instituted Original Suit no.319 of 1990 in the Court of the learned Civil Judge, Kanpur Dehat on 31.05.1990 against Mahendra Singh, the defendant-appellant, seeking specific performance of a registered agreement to sell dated 24.06.1989, relating to an unpartitioned half share in agricultural land, detailed in Schedule d to the plaint.

4. Mahendra Singh, the defendant-appellant shall hereinafter be called, ‘the defendant’. Ramesh Singh, the plaintiff-respondent shall hereinafter be referred to as, ‘the plaintiff’. The registered agreement to sell dated 24.06.1986