JUDGMENT

D. Raju, J.-Special leave granted.

2. The appellant before this Court was the appellant in Second Appeal No. 693 of 1996 on the file of the Madhya Pradesh High Court at Jabalpur. The original plaintiff Jineshwardas, whose legal representatives are the appellants in this Court, filed the Civil Suit No. 102-A of 1980 before the Court of IV Civil Judge Class-I, Jabalpur, seeking for a decree for specific performance and recovery of the possession of the suit land or in the alternative, damages at market value as may be proved for non-performance of the contract and for recovery of Rs. 2500/- paid by the plaintiff as deposit. The defendants disputed the suit claim by attributing fraud and undue influence as vitiating the agreement stating that it was opposed to public policy as well and really constituted no agreement of sale of immovable property. After trial and on consideration of the materials on record, the suit filed was dismissed. The matter was pursued on appeal before the VIth Additional District Judge Jabalpur, and the learned First Appellate Judge also, after an elaborate consideration of the evidence on record, affirmed the findings of the learned Trial Judge by hold