1. Feeling aggrieved by the judgment and decree dated 15.5.1996 passed by learned 2nd Additional Judge to District Judge, East Nimar, Khandwa in Civil Suit No.85-A/1995 whereby the suit of specific performance of contract has been decreed, this appeal under section 96 of CPC has been filed by the appellant-defendant.

2. Shorn of unnecessary detail, the facts of the case lie in a narrow compass. Suffice it to say that a suit for specific performance of contract has been filed by plaintiffs-respondents against the present appellant-defendant on the averments that he (defendant) is having open land, the description whereof has been mentioned in the Schedule attached to the plaint and which is also the part of the plaint. As per the plaint averments the parties entered into an agreement of sale on 1.12.1991 and it was agreed by the defendant to sell the suit land in favour of plaintiffs for a consideration of Rs.24,000/- and in advance a sum of Rs.3,000/- was paid by the plaintiffs to him. A document of agreement of sale on the same day was also executed mentioning the factum of receipt of Rs.3,000/ as advance. In the same agreement it has been further mentioned that on 1.1.1992