Mishra, J. -- 1. Plaintiff-appellant's suit for specific performance of contract of sale dated 4.1.1992 has been dismissed by the trial Court on the ground that the execution of agreement has not been proved. The suit was dismissed with cost. It was held that while getting two sale deeds executed on 4.1. 1992, on the stamp in question signature of defendant Annapurna Devi was obtained and subsequently the agreement has been typed over it. Aggrieved by dismissal of the suit, present appeal has been filed.

2. Plaintiff alleged in the plaint that the defendant agreed to sell agricultural land of one acre comprised in survey No. 852/1 on 4.1.1992 for a consideration of Rs. 2, 30,000/-. An amount of Rs. 80,000/- was paid on 4.1.1992 as earnest money and the sale deed was to be executed by 10th April, 1992, on receiving a consideration of Rs, 1,50,000/-, the remaining amount was agreed to be paid before the Registrar at the time of registration of the sale deed. The plaintiff requested the defendant to receive the balance of consideration but she delayed the execution of the sale deed. Ultimately, registered notice dated 8.4.1992 was served by registered post to execute the sale