Bela M. Trivedi, J.— The present appeal arises out of the judgment and decree dated 15.1.2003 passed by the Addl. District Judge No.1, Bharatpur (hereinafter referred to as ‘the trial court’) in Civil Suit No.35/2000, whereby the trial court has decreed the suit of the respondent No.l plaintiff seeking specific performance of the agreement dated 21.11.1997 against the respondent No.2 and the appellants/defendants in respect of the suit property.

2. The case of the respondent No.l plaintiff before the trial court in nutshell was that the respondent No.2 defendant No.1 was the owner of the suit shop situated at the Circular Road, Bharatpur and that he had agreed to sell the said shop to the plaintiff by executing an agreement dated 21.11.1997. According to the plaintiff, on the said date of execution of agreement, he had already paid Rs.50,000 out of Rs.55,000 towards sale consideration to the defendant No.1 and the defendant No.1 had agreed to execute the sale deed in respect of the said shop in favour of the plaintiff. Thereafter though the plaintiff had repeatedly requested to execute the sale-deed, the defendant No.1 kept on avoiding to execute the same. The defendant No.1