Mungeshwar Sahoo, J.—The defendant has filed this first appeal against the judgment and decree dated 26.9.2006 passed by Sri Radheshyam Singh, the learned 4th Subordinate Judge, Bhojpur, Ara in Title Suit No.593 of 2002 whereby the learned Court below decreed the alternative prayer of the plaintiff/respondent in the suit for specific performance of contract.

2. The plaintiff/respondent filed the aforesaid Title Suit No. 593 of 2002 praying for specific performance of contract dated 22.12.1999 on receiving balance consideration amount of Rs.76.000 and in the alternative prayed for a decree for recovery of Rs.2.24.000 with interest @ Rs.2 per month from the date of agreement dated 22.12.1999.

3. The plaintiff prayed the aforesaid relief on the facts inter alia which may be briefly stated thus, that the parties were knowing each other from before. The defendant/ appellant had taken loan at the time of marriage of his daughter and to repay the same he agreed to sell the suit house for Rs.3.00,000. The plaintiff/respondent agreed to purchase the same and paid Rs.2,24.000 as earnest money and a Mahadanama was executed in presence of the witnesses. The defendant signed on the Mahad