JUDGMENT

Hon'ble Chandra Kumar Rai, J.

1. Heard Mr. B. Malik, learned counsel, assisted by Mr. Amit Malik, learned counsel for the defendant-appellant and Mr. Rishikesh Tripathi, learned counsel for the plaintiff-respondent.

2. Brief facts of the case are that plaintiff-respondent no.1 filed a suit for specific performance of agreement dated 5.9.2003 against the defendant-appellant which was registered as Original Suit No.602 of 2005. In the plaint it was alleged that agreement dated 5.9.2003 was entered into between the plaintiff and defendant for sale of ½ share of khasara no.1411, area 2.326 hect. for consideration of Rs.2,60,000/- and Rs.2,48,000/- was paid as earnest money before the Registrar and remaining Rs.12,000/- was to be paid at the time of execution of sale deed. The time period for execution of sale deed mentioned in agreement to sell was 1 year. The defendant has filed his written statement, stating that he was in need of Rs.2,00,000/- for his personal work but he never intended to sell his property as plot no.1411 is the only source of maintenance of his family. Before the trial court, 7 issues were framed. The parties have adduced oral and documentary evidence in sup