JUDGMENT

N. D. Ojha, J. - This is a defendant's second appeal against the judgment and decree dated 16-4-197 1, passed by the Civil Judge, Basti, decreeing the suit of the plaintiff- respondents for specific performance of a contract of sale dated 30-4-1968, and directing the appellant to execute a registered sale deed in favour of the plaintiffs in respect of the property in suit within a period of two months on receipt of Rs. 15,625/-.

2. The case of the plaintiff-respondents was that the appellant entered into an agreement with them on 30-4-1968, to sell certain plots for a sum of Rs. 60,000/- and executed a registered agreement in this behalf. According to them a sum of Rs. 13,000/- had been paid by them to the appellant prior to the execution of the agreement and another sum of Rs. 7,000/- was paid to him at the time of the registration of the agreement before the Sub-Registrar. Their case further was that from time to time thereafter they made several other payments also to the appellant in the sum of Rs. 25,685/- so that the total amount paid by them to the appellant came to Rs. 45,685/-. In regard to the balance of Rs. 14,315/- of the sale consideration of Rs. 60,000/- the c