( 1 ) THIS is an appeal filed by the defendant, challenging the decree passed by the lower Appellate, Court under Section 100 of the Code of Civil Procedure. The trial Court had dismissed Civil Suit No. 92-A/91 filed by the respondent. The lower Appellate Court allowed the appeal of the respondent and granted a decree for specific performance of contract against the appellant in respect of 1/6th share of property detailed in the plaintmap.

( 2 ) IN order to appreciate the controversy involved in the suit, it is necessary to give a short version of facts on which the parties went to trial. The respondent, inter alia, pleaded that there was a written agreement dated 23-l0-1978 between the respondent and the appellant in respect of the property shown in the schedule annexed to the plaint. The agreement dated 23-10-1978 purported to be a. contraet of sale whereby ihe appellant agreed to sell the entire plot received by her as result of the decree of the Court in Civil Suit No. 15-A/77, Kamrunissa v. Sophiya, to which she was one of the litigating parties. It was alleged that the agreement for sale showed the consideration to be Rs. 13,000/-of which the appellant had alr