inception. They concealed the fact regarding acquisition of the part of land, for which sale agreement was executed and they got the compensation for it. Defendants had not sent any notice for cancellation of the agreement. They sent reply of the notice sent by the plaintiff in which they stated that they had cancelled the agreement dated 22.03.2013. During evidence, the plaintiff exhibited the bank passbook and statements as Ex.13 and Ex.14, stamps purchased by him as Ex.9, cheques as Ex.10 & Ex.11 and draft of sale deed as Ex.12. Contention of learned counsel for the defendants that bank passbook and statements were not proved as per the Bankers' Books Evidence Act, 1891 is not correct because defendants had to prove that the plaintiff had not sufficient balance in his account to pay the balance amount of sale consideration. Defendants failed to adduce any cogent evidence that these documents were forged one and plaintiff had no sufficient money for paying the balance amount of sale consideration. So, in my considered opinion, trial court rightly came to the conclusion that plaintiff was ready and willing to execute the agreement to sell dated 22.03.2013. So, present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.
