A.K. Shrivastava, J.

1. Feeling aggrieved by the judgment and decree dated 7th March, 1996 passed by learned Second Additional District Judge, Hoshangabad in Civil Suit No. 2-A/1991 whereby the suit of plaintiff-respondent for specific performance of contract has been decreed, this first appeal under Section 96 CPC has been filed by the defendant. In this judgment, wherever the expression 'defendant' is used it would mean first defendant Kishanlal because second defendant, the State of M.P. has been impleaded as formal party in view of Order I Rule 3(B) State Amendment in the CPC.

2. In brief, the suit of plaintiff is that the suit land is 5 acres of agricultural land situated in Mouza Banada, Tehsil Seoni Malwa, District Hoshangabad is owned by appellant-defendant in his Bhumiswami right having possession over it. The defendant approached respondent-plaintiff on 7.3.1990 at Seoni Malwa and expressed his desire to sell 5 acres of his land at the market rate Rs. 10,000/- per acre and the said proposal was accepted by the plaintiff and he asked the defendant to execute a document of agreement of sale and eventually on 7.3.1990 a document of agreement of sale was executed. It i