JUDGEMENT

Brijesh Kumar, J.-Leave granted. Heard learned counsel for the parties.

2. The facts necessary for disposal of this appeal briefly are that one Ram Sahay filed Civil Suit No. 31/93 in the Court of Civil Judge (A.B.) Gangapur City (SM), praying for relief of declaration of ownership of Shop No. 141 in Bazar Katla and also for possession over the said shop. The plaintiff died during the pendency of the proceedings and is being represented through his legal representatives as respondents in this appeal. The present appellant viz. Nawal Kishore, defendant in the suit, resisted the claim of the plaintiff and pleaded that the plaintiff Ram Sahay had entered into an agreement, with the defendant, to sell Shop No.141 situate at Bazar Katla for a sum of Rs.7,100/-out of which a sum of Rs.1,100/- had been paid and the balance amount was to be paid at the time of registration of the sale deed. The said agreement dated 17/19.8.1985 is in writing on a stamp of Rs.5/-. During the course of the examination-in-chief of the defendant (present appellant), the plaintiff objected to "exhibit" the document dated 17/19.8.1985, purported to be an agreement to sell, on the ground, that the documen