JUDGMENT C.K. Prasad, J. 1. This is defendant's second appeal Under Section 100 of the Code of Civil Procedure against the judgment of affirmance. Plaintiff filed suit for specific performance of contract. 9th Civil Judge, Class II, Jabalpur by his judgment and decree dated 19-1-1989 passed in C.S. No. 156-A/86 decreed the suit. Defendant aggrieved by the same preferred Civil Appeal No. 26-A/91 and the 6th Addl. District Judge, Jabalpur by judgment and decree dated 11-5-1991 dismissed the appeal. Aggrieved by the same defendant has preferred this appeal Under Section 100 of the Code of Civil Procedure. 2. Admitted facts of the case are that the defendant on 25-10-1997 executed an agreement to sale of 2400 sq.ft. of land of plot No. 30, village Laxmipur in the District of Jabalpur after receipt of the advance money. According to the agreement, the defendant after receipt of the full consideration money was to execute the sale deed in favour of the plaintiff. On failure of the defendant to execute the sale deed, plaintiff gave notice and in spite of the same, the defendant did not execute the sale deed and thereafter plaintiff filed the suit for specific performance of contract. 3. According to the plaintiff on 25-10-1979 defendant executed the agreement to sale in presence of the witness R.N. Mishra and the consideration money agreed was Rs. 7,200/- and on the date of agreement a sum of Rs. 2,200.