(1.) THE defendant in the original suit is in appeal.
(2.) THE respondent instituted the suit for specific performance of an agreement for sale of defendant's share over plaint schedule property consisting of two items.
(3.) THE plaintiff further alleged that consequent to the death of their mother, the plaint item No. 2 devolved upon her children, including the plaintiff and the defendant. He further alleges that on 23.7.83, all the sharers of plaint item No. 1, including the plaintiff and the defendant entered into an agreement and as per that agreement, brothers and children of the deceased sisters of the plaintiff and the defendant agreed to assign their respective shares in the plaint schedule properties to the plaintiff.