JUDGMENT

Bhan, J.-Point for consideration in this appeal is as to whether:

"A person (claiming to be a proposed vendee) can protect his possession of an immovable property on the plea of part performance under Section 53-A of the Transfer of Property Act on the basis of an oral agreement, the terms of which have not been reduced in writing."

The relevant facts are :

1. Plaintiffs appellants (hereinafter referred to as "the appellants") Mool Chand and Leela Ram were the owners of the property known as Dayal Villa situated in Khasra Nos. 1195, 1196, 1198, 1200, 1201 and 1202 measuring 613 sq. meters in Solan Town, specifically described in the plaint (hereinafter referred to "the property in dispute"). Leela Ram above-named died during the pendency of the suit before the trial court and his name was substituted by his widow and two sons as plaintiffs. Widow died during the pendency of this appeal. The title of Leela Ram is represented through his two sons as the appellants.

2. The appellants filed the suit with the averments that Late Bhagwan Dass (predecessor in interest of the defendants) was their real uncle (father s brother). Because of the partition of the country in 1947 Bhagwa