Alok Sharma, J.—Under challenge in this second appeal at the instance of the petitioner-defendant-subsequent purchaser (hereafter the ‘defendant-subsequent purchaser’) is the judgment and decree dated 26.9.1994 passed by Civil Judge (Sr. Division), Sawai Madhopur in Civil Regular Appeal No. 5/1991 (64/1980) affirming the judgment and decree dated 22.5.1980 passed by Munsiff, Sawai Madhopur in Civil Suit No. (186/71) 24/1980 by which the suit for specific performance of the agreement to sell dated 8.6.1968 executed by Kalyanmal and Chhitar Mal the respondents-defendants (hereafter ‘defendant-vendor’) in favour of Shikhar Chand, the respondent–plaintiff-vendee (hereafter ‘the plaintiff – vendee’) was decreed.

2. The facts of the case are that the plaintiff as the vendee under the agreement to sell dated 8.6.1968 on 8.9.1971 filed a suit for specific performance of the agreement to sell allegedly executed by the defendant-vendor in respect of agricultural land in khasra no. 1183, 1370 and 1372 agreegating to 7 bighas 19 biswas for a consideration of Rs. 3000/-. The plaintiff’s case was that he was a money lender and an amount of Rs. 4,000/- under pro-note dated 20.8.1968 and