JUDGMENT :

Deepak Gupta J.

1. Leave granted.

2. This appeal is directed against the judgment dated 05.08.2016 in Regular Second Appeal No.1442 of 2010 passed by the High Court of Punjab & Haryana at Chandigarh whereby concurrent findings of fact of the trial court and the lower appellate court have been set aside.

3. Briefly stated the facts of the case are that Bhupinder Kaur (respondent-plaintiff) filed a suit for specific performance of agreement to sell dated 25.02.1999, whereby Dalip Singh (appellant-defendant) had allegedly agreed to sell the suit property to her for a consideration of Rs.1,50,000/- out of which Rs.92,000/- was paid at the time of the agreement.

4. The trial court dismissed the suit holding that there were many suspicious circumstances surrounding the agreement. Though the trial court did not totally believe the case set up by Dalip Singh that he had not even signed the agreement, it held that the plaintiff Bhupinder Kaur had failed to prove her own case. After discussing the evidence threadbare, the trial court held that the plaintiff had failed to prove that an amount of Rs.92,000/- was paid to the defendant. The court referred to the statement of the plaintiff