JUDGMENT :

1. The moot question involved in this second appeal is : Can specific performance of contract relating to immovable property be arbitrarily refused by the Court?

2. The late Balji Dubey, father of the defendant-respondents, executed a registered agreement to sell, covenanting to transfer by sale land comprising Arazi No. 204 (M), admeasuring 14 biswa and 15 dhur, out of the total area of the plot admeasuring 3 bigha 5 biswa 15 dhur, situate at Mauza Gothaura, Pargana Bhuili, Tehsil Chunar, District Mirzapur, in favour of the plaintiff for a total sale consideration of Rs.30,000/-. An earnest of Rs.15,000/- was paid at the time of contract. The land contracted to be sold as aforesaid, shall hereinafter be referred to as “the suit property”. The contract was executed and registered on 29.06.1994. It was covenanted in the suit agreement that the plaintiff would be entitled to call upon the vendor, whenever she wanted the sale deed to be executed in her favour, in terms of the agreement. The plaintiff appears to have called upon Balji a number of times over to execute the sale deed, but he did not discharge his obligations. Pending the unfulfilled promise under the suit agreem