(1.) I have heard Sri M.C. Singh, learned Counsel on behalf of the defendant appellant and Sri Anubhav Trivedi and Sri Vishal Khandelwal holding brief of Sri Prakash Chandra for the plaintiff-respondents.
(2.) THE appeal arises from a suit for specific performance of the agreement which has been decreed by the Court of first instance and the decree so passed has been upheld in appeal by the lower appellate Court. Thus, the decree of specific performance so passed by the Courts below has been assailed in the present appeal by the defendant-appellant.
(3.) ON the pleadings of the parties following issues were framed: