1. - By this special appeal the order of learned Single Judge dated 31.8.1988 has been challenged. The District Judge, Tonk passed the judgment and decree on 24.7.1986 in a suit for specific performance of contract of sale. The suit was filed on the ground that the defendant borrowed a sum of Rs. 1,500/- interest free from the plaintiff on 6.8.1965 and executed a pro-note and receipt and did not pay the amount. Subsequently, an agreement dated 3.10.1967 was entered into contemplating that the defendant would return the amount within seven months and if the amount is not returned then the defendant agreed to sell the shop for total consideration of Rs. 3,000/-. The amount was not paid upto 3.5.1968 and therefore, the balance amount of Rs. 1,500/- was offered to get the sale- deed executed of the shop in which the plaintiff was tenant at the rate of Rs. 20/- per month. A notice dated 18.5.1968 termination Tenancy was issued. The suit was filed on 1.6.1968. The defendant denied execution of the pro-note or the agreement for sale and the documents were alleged to be forged and signatures were denied.The following issues were framed on 3.1.1969.

1. Whether the defendant had borr