( 1. ) THIS is plaintiffs appeal under Section 96, CPC against the judgment and decree by which his suit for specific performance of contract has been dismissed.

( 2. ) DURING the course of hearing of this appeal it has been expressed by the learned Counsel for the appellant that he wants refund of the amount of Rs. 51,000/- from the defendant and does not want to press his suit for specific performance of contract. Therefore, the arguments on this limited question were heard.

( 3. ) IT is no longer in dispute that the agreements dated 22-10-1990 (Ex. P-1), dated 20-5-1991 (Ex. P-2) and dated 29-6-1991 (Ex. P-3) were executed by defendant Satya Narayan Soni. According to the plaintiff he paid an amount of Rs. 40,000/- in cash to the defendant on 22-10-1990 and an amount of Rs. 11,000/- on 20-5-1991. The defendant has denied the receipt of these amounts in cash. He has pleaded that he is carrying on the business of jewellers and the plaintiff was having dealings with him and after finalisation of the account an amount of Rs. 11,855/- was found due from him towards the plaintiff. According to the defendant the three agreements mentioned above were executed as a security for pay