IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL SECOND APPEAL NO.244/2003 Munshi Khan Vs. Jai Singh 10.01.2008. HON'BLE MR. JUSTICE DALIP SINGH Dr. P.C. Jain, for the appellant. Shri Dinesh Yadav, for the respondent. This is a plaintiff's second appeal filed in a suit for specific performance of the agreement alleged to have been executed by the defendant for the sale of agricultural land. The plaintiff appellant alleged in the plaint that the defendant agreed to sell the land in dispute for Rs.38,250/-. As a consequence of agreement part of consideration amounting to Rs.24,425/- was said to have been paid and possession handed over vide Ex.1. The defendant submit the written statement and denied having executed the agreement Ex.1 or having received the amount of Rs.24,425/- as advance. Learned trial court framed an issue with regard to the execution of Ex.1 and held that the plaintiff failed to prove the agreement as well as the payment of the part to the consideration of Rs.24,425/-. The learned trial court took into consideration the contradictions in the statement of the plaintiff and his witnesses regarding the aforesaid payment. Not being satisfied with the judgment of the trial court the plaintiff preferred an appeal before the learned lower appellate court which concerned with the reasons and findings given by the learned trial court and also took into consideration the fact that the signatures of the plaintiff alleged to be on the agreement Ex.1 do not taly with those which are the admitted signatures of defendant before the court. These are essentially findings on questions of fact based upon the appreciation of evidence by the learned courts below which cannot be appreciated under Section 100 C.P.C. No substantial question of law arises in this second appeal. Consequently, this second appeal as well as the stay application are dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS