KAN SINGH, J —This is a defendants second appeal arising out of a suit for specific performance of a contract of sale of an agricultural land measuring 7 Bighas 5 Biswas comprised in Khasras Nos. 488 and 489 situated in village Padu, Tehsil Merta, Disrtict Nagaur.

2. The plaintiff came forward with the case that on 29-6 67 the defendant agreed to sell him his agricultural land for Rs. 1,001/- and executed a sale deed on a stamp paper, but he refused to have it registered. He further averred that he was always ready and willing to perform his part of the contract for bearing the expenses for registration. In the alternative the plaintiff prayed for refund of the money paid by him to the defendant.

3. The defendant contested the suit. He denied that he entored into any contract of sale with the plaintiff, as alleged. He further denied the execution of the sale document as also the receipt acknowledging the payment of Rs. 1,001/-to him. He further raised the plea that the suit was triable exclusively by a revenue court.

4. On the pleadings of the parties the learned Additional Munsif, Merta, by whom the suit came to be tried, framed the following issues:

"(1) Whether the defendant sold hi

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