1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: JUDGMENT Moti Lal and another. vs. Shankar Lal and another. S.B.CIVIL SECOND APPEAL NO.365/2004 UNDER SECTION 100 CPC AGAINST THE JUDGMENT AND DECREE DATED 31.7.2004 PASSED BY SHRI OM PRAKASH AGARWAL, ADDITIONAL DISTRICT JUDGE NO.1, CHITTORGARH IN CIVIL APPEAL DECREE NO.11/2000. DATE OF JUDGMENT ::: 6.11.2007 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr.BR Mehta, for the appellants. - - - - - BY THE COURT: Heard learned counsel for the appellants. The appellants/plaintiffs are aggrieved against the dismissal of their suit for specific performance of contract by the trial court vide judgment and decree 2 dated 25.11.1999 and dismissal of their appeal by the appellate court vide judgment and decree dated 31.7.2004. According to learned counsel for the appellants, the appellants proved the agreement to sale by producing the evidence and, therefore, the entire burden was on the defendants to prove as to how the appellants were not entitled to decree for specific performance of contract. It is also submitted that the vendors could have sold the agricultural land and, therefore, the courts below committed error in holding that the appellants/plaintiffs failed to prove the sale consideration and a reasonable reason for claiming possession 7 years before the execution of the agreement. I considered the submissions of learned counsel for the appellants and perused the two judgments passed by the courts below. Two courts below concurrently found that the agreement to sale itself is suspicious and the appellants/plaintiffs failed to prove the actual payment of Rs.45,000/- in pursuance of the said agreement. The courts below also did not rely upon the statement of the plaintiff. In fact, it is a case of 3 concurrent finding of fact recorded by the courts below on the issue involved. In view of the above, I do not find any substantial question of law involved in this appeal. Consequently, this second appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya