Hon’ble Pramod Kumar Srivastava, J.—Heard learned counsel for the parties and perused the records.

2. In Original Suit No. 92/2009, Rajendra Singh v. Chandrapal, the plaint case in brief was that defendant is owner of 1/4th share of property detailed at the foot of the plaint. He had entered into registered agreement for sale of said property in favour of plaintiff on 9.3.2006, by which it was admitted between the parties that defendant will sell that property for consideration of Rs. 80,000/- and he had received Rs. 75,000/- as advance consideration at the time of registration of said agreement to sell. It was agreed between the parties that sale-deed will be executed by defendant within 11 months after receiving remaining amount of Rs. 5,000/-. Plaintiff has been ready and willing to perform his part of contract and had repeatedly requested the defendant, but defendant had not executed sale-deed in spite of plaintiff’s reminder and registered notice served on him. Therefore, plaintiff had filed suit for specific performance.

3. Plaint case was denied by defendant through written-statement, in which he further pleaded that plaintiff is a money lender. When defendant had re