AMOL RATTAN SINGH, J.

This is the second appeal of the defendant after the suit filed by the respondent-plaintiff, seeking specific performance of a contract, was decreed in his favour and the first appeal filed by the present appellant was also dismissed by the learned lower appellate Court.

2. As per the case of the plaintiff, the appellant-defendant (hereinafter to be referred to as “the appellant”) was recorded as the owner of a shop which he agreed to sell to the plaintiff vide an agreement of sale dated 23.11.2001, with the sale consideration fixed at Rs.1,20,000/-. A sum of Rs.90,000/- was stated to have been paid on that date itself, with a receipt in that regard also issued and possession of the shop was also stated to have been handed over to the plaintiff by the appellant.

The date fixed for execution and registration of the sale deed was 22.10.2002, but as contended by the plaintiff, though he remained present in the office of the Sub-Registrar on that date, the appellant did not turn up to execute the sale deed. It was further contended that on 23.01.2003, the appellant met the plaintiff and demanded the remaining sale consideration of Rs.30,000/- and on payment of the sa

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