Abhay M. Naik, J.

1. This appeal by the Plaintiff has been preferred against the judgment and decree dated 22.07.2003 passed by the Court of 15th Additional District Judge, Indore in Civil Suit No. 25-A/2002 declining thereby to grant relief of specific performance and instead granting refund of consideration.

2. Facts relevant for the purpose of this appeal are that the Plaintiff/Appellant instituted a suit for specific performance with allegations that the suit house bearing No. 1/6 situated at Tilak Path, Indore was owned by Defendant No. 1, which was a partnership firm. Defendants/Respondents No. 2 and 3 were its partners. Defendants No. 2 and 3 entered into an oral agreement of sale in favour of the Plaintiff on 27.02.1989 on behalf of the said partnership firm for a consideration of Rs. 5,01,000/-. Rs. 21,000/-were received as a part of consideration vide Cheque No. 251952 dated 01.03.1989 of Bank of Baroda. Signature in token of receipt of cheque was put on the counterfoil of the cheque. Balance consideration was liable to be paid up to 01.06.1989. A formal agreement was to be executed by them up to 01.03.1989 in favour of the Plaintiff. The Defendants avoided to execute