JUDGMENT

Deepak Gupta, J.

1. Amarjit Singh (since deceased, the respondent herein) hereinafter referred to as “the plaintiff”, filed a suit for specific performance of contract. He alleged that he had entered into an agreement dated 17.10.2000 with Jagjit Singh (since deceased, the appellant herein) hereinafter referred to as “the defendant”, for purchase of half share in the shop in dispute for a total sale consideration of Rs. 1,50,000/-. According to the plaintiff, Rs. 1,30,000/- was paid in cash at the time of execution of the agreement to sell. The balance amount was to be paid on or before 30.03.2003, by which date the sale deed was to be executed and registered. It was further alleged that the date for execution and registration of the sale deed was extended by mutual consent of the parties till 09.10.2003. The defendant denied the execution of the sale deed itself. According to him, he had not been paid any money.

2. The trial court on consideration of the entire evidence came to the conclusion that no agreement to sell had been executed between the parties and accordingly dismissed the suit. Aggrieved, the plaintiff filed an appeal. The first appellate court set aside the