1. This is the defendant's first appeal filed u/S. 96 of the Code of Civil Procedure . It arises out of the judgement and decree dated 14-10-1993 passed by second Addl. District Judge, Bilaspur, in Civil Suit No. 3-A/1990. By the said judgement and decree, the trial Court decreed the suit for specific performance of an agreement dated 30-5-1988.

2. The brief facts are that the plaintiff filed a suit for specific performance of the aforesaid agreement dated 30-5-1988 allegedly entered into between the plaintiff and defendant for sale of a house situated in Talapara, Bilaspur, for a consideration of Rs. 25,000/-. The plaintiff inter alia pleaded that after entering into the written agreement dated 30-5-1988 (Ex. P. 1), a sum of Rs. 5000/- was received as an advance by the defendant and it was agreed between them that a registered sale deed shall be executed within a period of one year from the said date, after receiving the remaining amount of consideration. The plaintiff further pleaded that thereafter on 27-10-1988, the defendant again received a sum of Rs. 13,614/- from him and made an endorsement to this effect on the back portion of the agreement dated 30-5-1988. He, thereafter,