This appeal is directed against the judgment and decree in Civil Suit No. 117/88 dated 24.2.1989 passed by learned II Additional District Judge, Indore, who was pleased to decree the suit for an amount of Rs. 10,000/- deducting the cost of the suit. So far as the damage is concerned, the decree was not passed.

The short facts giving rise to this appeal are that the disputed house listed as house No. 96 in the municipal records in Gopalbag colony, Indore is registered in the name of the defendant No.1. On 19.9.1974, the said house was sold by defendant No. I Balkishan Takedar through an agent and had obtained Rs. 10,001/- as earnest money. Ex. P/1 agreement to sale was executed by the parties.

One of the conditions was that the sale-deed was to be executed on 6-7th December, 1974. On that day the remaining amount of Rs. 65,000/- would be paid by the plaintiff. The vacant possession would be given to the plaintiff at the time of registration. It was agreed that the expenses will be borne by defendant No. I. It was agreed that if the defendant No. 1 declines, the amount of Rs.10.001/- with the damages would be paid by the defendant No. I to the plaintiff and if the plaintiff