( 1 ) THIS is a defendants second appeal arising out of a suit filed by the plaintiff-respondent raghubir Sineh for specific performance of an agreement of sale dated 5-9-1970 by virtue of which it was alleged that the appellant had agreed to sell to the plaintiff-respondent his Khata no. 15 area 8 Bighas 4 Biswas and 10 Biswansis for a sum of Rs. 16,000. The case of the plaintiff-respondent was that on 5th September, 1970 the appellant Malkhan Singh executed an agreement to sell the plots in dispute for a sum of Rs. 16,000, A sum of Rs. 11,000 was paid to the appellant as part payment of the agreed price. The appellant further agreed to execute the sale deed in respect of the disputed land on payment of balance consideration of Rs. 5,000 within a period of nine months. It was alleged by the plaintiff-respondent that in spite of several requests the appellant did not execute the sale deed and hence the plaintiff-respondent gave a notice on 6-5-1971 asking the appellant to execute the sale deed. This notice was refused by the appellant and as such the suit was filed on 2-6-1971.

( 2 ) THE defendant-appellant denied the execution of the agreement of sale D/- 5-9-70.