Mr. Rakesh Kumar Garg, J.:- As per the averments made in the plaint, appellant was owner in possession of the suit land. On 6.6.2005, he executed the sale deed qua the suit land in favour of the defendant. However, it is his case that the above sale deed was merely a paper transaction as defendant had failed to pay sale consideration. According to him, on the day of execution of sale deed, defendant has made oral promise that he would pay sale consideration after about seven months from the date of execution of the sale deed and has further agreed to pay interest and other expenses and therefore, on the same day one pronote and receipt qua a sum of Rs. 3,80,000/-was executed between the parties in the presence of same witnesses. Interest of about seven months was also adjusted in the pronote and receipt. It is the case of the appellant that though it was recited in the sale deed that possession was delivered but plaintiff was not legally bound to deliver the possession of the suit land without non-payment of sale consideration. It is his further case that defendant failed to pay sale consideration although pronote and receipt were executed by the defendant in his favour. A