R.D. Shukla, J.-1. This appeal is directed against the judgment and decree dated 9.12.1983 of Additional District Judge, Khurai, passed in Civil Appeal No. 12-A of 1982 (arising out of the judgment and decree dated 1.9.1982 of Civil Judge, Class I, Khurai), whereby, while reversing the decree of Trial Court, plaintiff's suit for specific performance of contract with respect to transfer of suit land, has been decreed.

2. The brief history of the case is that the plaintiff-respondent No.1 filed a suit before the Trial Court on, 30.10.1979, with the assertion that, defendant No. 1 Chatarsingh entered into an agreement of sale on 3.3.1979, regarding the land bearing Khasra No. 202/5, area 6 acres, situated in village Semraghat, for a consideration of Rs. 13,000/-. Rs. 3,000/- were paid by the plaintiff defendant No.1 Chatarsingh and rest of the amount i.e. Rs. 10,000/- was to be paid at the time of registration of the document. It was also agreed that the execution of the sale-deed would be effected on 12.5.1979, i.e. on the full moon day of Baisakh Sudi 15 of Hindu calendar month. The possession over 4 acres of land was with Hanumant singh brother of the plaintiff, and possessi