This appeal has been filed by the defendant. The plaintiff filed a case for declaration that the sale deed dated 2-1-84 described in the Schedule C of the plaint is voidable as the defendant failed to pay the balance amount of the consideration money of Rupees 45,000/- for which the deed was made. It was the further prayer that this deed of sale be rescinded, delivered and cancelled, and also for delivery of khas possession of the suit land.

2. The case of the plaintiff was that in the middle of December, 1983, the defendant No. 1 sent his cousin, a co-villager of the plaintiff to the house of the plaintiff with the proposal whether the plaintiff is willing to sell her land described in the Schedule A of the plaint. The defendant No. 1 agreed to purchase the same on the market value. After about a week it was informed by the defendant to the plaintiff that the agreement for sale will be made/executed and the plaintiff was asked to go there with her husband. The purchase of the land was agreed to and it was agreed that the price of the land shall be Rs. 50,000/- and the defendant No. 1 wanted to make an advance of Rs. 5,000/- and on receipt of Rs. 5,000/- an agreement of sa