JUDGMENT

S.B. Sinha, J.—Defendant No. 1 in the suit is Appellant before us. He was admittedly owner of a residential house admeasuring 40 ft. x 30 ft. bearing No. 148 (New Plot No. 78), 8th Cross, N.R. Colony, Bangalore. Respondent No. 1 has been in possession of the suit property as a tenant on a monthly rent of Rs. 115/-. The appellant admittedly had taken loan from Respondent No. 1 herein from time to time, the details whereof are as under :

“23.4.79Rs. 8000

27.4.79Rs. 4000

10.5.79Rs. 2900

11.5.79Rs.100”

2. Admittedly, the parties entered into an agreement for sale on 11.05.1979. The aforementioned sum of Rs. 15,000/- received by the appellant was treated to be the amount of advance paid out of the amount of consideration fixed in the said agreement of sale i.e. Rs. 45,000/-. The relevant terms of the said agreement are as under :

“Whereas the first party is the absolute owner of house bearing No. 148, 8th cross N.R. Colony, Bangalore-19 more fully described in the schedule hereunder, having acquired the same under registered gift deed, executed by Mrs. B.N. Vijaya Deva.

Whereas the second party has offered to buy and the first party has agreed to sell to the second party the schedule