A.R. Tiwari, J. -- 1. This First appeal, presented under section 96 of the Code of Civil Procedure (for short the 'Code') is directed against the judgment and decree dated 20.4.76 rendered by the Addl. Judge Mandsaur Camp Garoth to the court of the District Judge, Mandsaur in COS No. 4-B/74 (old No. 8-B/71), thereby granting the relief of specific performance of the contract as pleaded in the plaint

2. Briefly stated, the fact" of the case arc that survey Nos. 1280 and 1281 area 1.021 acres, owned by the appellant-defendant, are situated in village Shamgarh District Mandsaur. Excluding the portion of this land i.e. 60 feet in width on the Southern side near the fencing the remaining portion of these survey numbers was contracted to be sold on a consideration of Rs. 11,000/- on 13.9.63. This contract was preceded by earlier agreements on 30.9.61, 19.10.61, 6.11.61 and 29.5.62 Out of this consideration, the sum of Rs. 6,000/- was paid to the defendant whereas the balance consideration of Rs. 5,000/- was agreed to be paid between the period-1.1.64 and 1.5.64 in five instalments of Rs. 1,000/- each. The possession, subsequent to the contract dated 13.9.63 is with the respondent.