that he had paid a sum of Rs.80,000/- on the very same day. On a query by this Court about any witnesses having been examined by the plaintiff with regard to the Oral agreement purported to have been entered into on 01.11.1998. Learned counsel for the appellant fairly submits that there is no witnesses examined with regard to the oral agreement dated 01.11.1998. He also submits that there is no witnesses examined with regard to payment of Rs.80,000/- on the said date. However, he adds that said agreement was reduced into writing on 26.04.2001, four witnesses had attested to the said agreement, out of which one witness has been examined. However, the Trial Court and the First Appellate Court have taken note of the fact that two of the witnesses who had allegedly attested the agreement dated 26.04.2001 and had filed the their affidavit, had retracted from their version. The Trial Court and the First Appellate Court on appreciation of the evidence came to the conclusion that the plaintiff had failed to prove either the oral agreement dated 01.11.1998 or payment of Rs.80,000/- as consideration for sale of property. The Trial Court and the First Appellate Court having found that the plaintiff miserably failed to prove the oral and purported written
