1. Defendant petitioner (Duliram Maurya) had entered into an agreement to sale on 3.7.1991 for the land in dispute for a total sale consideration of Rs. 25000/-. On the same day Rs. 13000/- was paid by the plaintiff respondent whereas balance Rs. 12000/- was to be paid at the time of execution of sale-deed.
2. Plaintiff respondent (Nandram) instituted Original Suit No. 109 of 1993 seeking relief for specific performance of contract/agreement to sale. In the said suit five issues were framed, and the trial court vide judgment and decree dated 18.8.1998 had dismissed the suit holding that there had been no transaction for execution of any sale-deed and disputed agreement to sale was in fact a mischief under the garb of loan taken by defendant/petitioner.
