( 1 ) THESE two appeals, First Appeals Nos. 195 and 238 of 1974, arise out of a suit for specific performance-Appeal No. 195 by the defendant is against the judgment of the IIIrd Addl. District Judge, Bilaspur, decreeing the plaintiff's claim for specific performance, while Appeal No. 238 is by the plaintiff against disallowing of costs.

( 2 ) THE relevant facts, shortly stated, are as follows. The defendant, E. Nageshwar Rao, entered into a contract with the plaintiff, to sell a plot out of the compound of his bungalow at Link Road, Bilaspur, measuring 35' X 60' @ rs. 7 per sq. ft. The terms of the contract are embodied in writing, Ex. P-2, dated 31-1-1971. The defendant received Rs. 1,000 as earnest money in pursuance of the contract. The plaintiff brought the suit on the allegation that the saledeed was to be executed and registered and possession of the plot delivered on 1-3-1971 but in spite of his requests the defendant did not turn up for execution of the saledeed, that, even thereafter, he approached the defendant on many occasions, who orally, as also in writing, postponed the registration of the sale-deed on some pretext or the other, and that, finally he se