A.K. Shrivastava, J.

1. Feeling aggrieved by the judgment and decree dated 30-3-2010 passed by learned Second Additional District Judge, Gwalior in Civil Suit No. 24-A/2009 dismissing the suit of plaintiff for specific performance of contract, the appellant has filed this First Appeal under section 96 of Civil Procedure Code, 1908. In brief the suit of plaintiff / appellant is that the property in question, which is a house, is owned by first defendant-Awanish Saxena. On 14-1-2009 the first defendant entered into an agreement with the plaintiff / appellant to get it sold in his favour. In the said document the second defendant, who is his wife, expressed her consent. In the document of agreement of sale it is stated that this property was bought by first defendant from Smt. Gyasobai. The consideration of Rs. 3,60,000/- (Rs. Three Lakh Sixty Thousand Only) was agreed to be paid by the plaintiff to the defendants and in advance a sum of Rs. 1,00,000/- (Rs. One Lakh Only) was paid on the date of execution of the document. It was further agreed between the parties that the sale-deed shall be executed within five months after paying the balance amount of consideration. Thereafte