1. This first appeal has been filed by the appellant defendant being aggrieved by the judgment and decree dated 16.8.2001 passed by the Additional District Judge, Sabalgarh, District Morena, in Civil Suit No.14-A/1991, whereby the suit for specific performance was decreed by the learned trial Court.

2. Brief facts leading to the present appeal are that the plaintiffs had filed a suit against the defendant for redemption of mortgage, declaration of title and in the alternative execution of document of conditional sale and for possession of part of the suit property and payment of arrears of rent. The husband of Plaintiff No. 1 was a Clerk in the Court. A counterclaim was filed by the defendant seeking possession from the plaintiffs and recovery of rent @ Rs.100/- per month from August 1991.

3. It was the case of the plaintiffs that from the father of the defendant, they had purchased certain building material valued at Rs.14,000/- and that money was claimed by the father of the defendant from the plaintiffs, but the plaintiffs were not having arrangement to pay that amount and in addition, they required additional some of Rs. 10,000/- for the marriage of their niece, therefore