JUDGMENT :

This is a defendant’s second appeal, arising out of a suit for specific performance, which has been decreed by both the Courts below.

2. Heard Mr. Mridul Kumar, learned Counsel for the appellant in support of the motion under Order XLI Rule 11 of the Code of Civil Procedure, 1908[for short “the Code] and Mr. Jitendra Kumar Ravat, learned Counsel, who appears on caveat, on behalf of the plaintiff-respondent.

3. The plaintiff-respondent, Ramawatar, who shall hereinafter be referred to as “the plaintiff” instituted Original Suit No. 210 of 2002, Ramawatar v. Chabila, before the Court of the Civil Judge (Junior Division), Jalaun at Orai claiming specific performance of a registered agreement to sell dated 13.11.1998, executed in the plaintiff’s favour by Chabila, the sole defendant-appellant. The defendant-appellant aforesaid shall hereinafter be referred to as “the defendant”.

4. It is the plaintiff’s case that the defendant is the recorded bhumidhar-in-possession of an agricultural land bearing Khasra No. 194 ad-measuring 1.165 hectares, situate in Mauja Dharguva, Pargana Orai, Jalaun. It was asserted by the plaintiff that the defendant was in need of money and decided to sell