Judgment

BEG, J.:- This appeal has come before us on a Certificate of fitness granted by the High Court of Andhra Pradesh, under Articles 132 and 133 of the Constitution of India.

2. The Plaintiff-Respondent had sued Defendant-Appellant Devender Singh (hereinafter referred to as the "First Defendant") for specific performance of a contract to sell a house facing the Secunderabad Junction Railway Station in Hyderabad for a sum of Rs. 60,000/- concluded on 9-10-1962 at New Delhi where the first Defendant resides. It appears that there was a previous agreement on 27-9-1962 (hereinafter referred to as the first agreement") between the Plaintiff, who resides at Hyderabad, and the first Defendant, through an agent, Laxmanaswamy, D.W. 2, with the help of Sambamurthy, D.W. 3, a nephew of Laxmanaswamy and an Income-tax practitioner residing at Secunderabad, for the sale of this very property for Rs. 55,000/- the terms of which were embodied in a document Ex. B. 15. The First Defendant denies the binding character of the first agreement of 27-9-1962 under which a cheque for Rs. 10,000/ was drawn up by the Plaintiff in favour of the first Defendant and handed over to his agent the Plaintiff. Th