Pramod Kumar Srivastava, J.—Original Suit No. 112/1996, Awadh Narayan Singh v. Hari Narayan Singh, was filed for the relief of specific performance of contract. Plaint case in brief was that defendant had agreed to sell his total 1/4th share in plots no. 153, 168 and 314 situated in village Dhamahi for Rs. 85,000/- to plaintiff and executed agreement to sell dated 31.7.1995 and received Rs. 40,000/- as advance consideration at the time of registration of said deed, which was registered on 01.07.1996. It was agreed between the parties that defendant will receive remaining consideration of Rs. 45,000/- at the time of registration of sale deed. Plaintiff has been ready to perform his part of contract and asked defendant in January, 1996 to reach at Sub-Registrar Office, Chunar for execution of sale deed, but defendant was not ready and absented. Then, plaintiff had given notice dated 19.2.1996 for reaching at Sub- Registrar Office for execution of sale deed on 8.3.1996, after which he reached in Sub-Registrar Office along with remaining sale consideration but defendant has not reached. Since plaintiff had been ready and willing to perform his part of contract and defendant is