Jitendra Ray Goyal, J. - (1.) THIS is plaintiff -appellant's first appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 23/2/1987 passed by Additional District Judge No. 1, Alwar in Civil Suit No. 30/1984, whereby instead of granting decree for specific performance of contract, a decree for a sum of Rs. 8,000/ - along with interest has been passed.
(2.) THE parties hereinafter shall be referred in the manner as they were arrayed in the plaint. Brief facts giving rise to this appeal are that the plaintiff Balaram filed a suit against his father -in -law Lachman with the averments that defendant was a needy and therefore he sold out his land bearing khasra No. 367 measuring 1 bigha 8 biswas situated at village Bakhera, through the agreement to sell for a consideration of Rs. 15,000/ -, out of which Rs. 9,000/ - were paid and rest amount was to be paid to the defendant at the time of execution of the sale deed before the Sub -Registrar but due to increase in the market value of the said agricultural land, the defendant deviated from the agreement whereas the plaintiff was always ready to pay remaining amount and get the sale deed registered in his favour.
(3.) THE defendant in his written statement stated that he is an illiterate person and was in a need of money for marriage of his son Prakash which was fixed for 15/5/1983, therefore, he took Rs. 5,000/ - as a loan for that purpose and also Rs. 3,000/ - at the time of marriage of his daughter Phool from plaintiff Balaram who happens to be his son -in -law. It was further averred that he never sold out his land by agreement to sell but at the insistence of the plaintiff because plaintiff was not having money lending licence and he was not ready to advance the loan on execution of pronote and further the defendant was having faith upon his son -in -law that he will not commit any mischief and misuse the document, he executed the said document.;