Specific Relief Act, 1963–Sec. 12–Decree of suit by the High Court–Plea of appellant-defendant that it was a case of re-payment of the admitted debt of Rs. 50,000/- –Evidence of the respondent-plaintiff PW 1 is self-serving and cannot be wholly relied upon as evidencing the execution of the suit agreement–No steps have been taken by the respondents to at least cross-examine the affidavit given in Ex. D5 & D6–They failed to place evidence either in support of the receipt of the rent of Rs. 700/- per month from the appellant or to demand execution of the registered sale deed before 20.10.2000–High Court fell into error in coming to conclusion–Impungned judgment and decree are liable to be set aside, however, the appellant failed to prove that he had discharged the indebtedness–Therefore, the respondents are entitled to receive a sum of Rs. 3,00,000/- from the appellant.
