( 1 ) THE appellant was the defendant before the 10th additional city civil judge, Bangalore in original suit No. 923 of 1980. That was a suit filed by the plaintiff for declaration that the agreement to sell entered into between her and the defendant dated 12-11-1974 stood cancelled and for recovery of possession of the suit property in respect of which the agreement to sell had been entered and for recovery of a sum of Rs. 1,870/- being the damages for use and occupation of the said property with a prayer for a further direction to enquire into the future mesne profits, under order 20, Rule 12, CPC. The suit had been originally instituted before the civil judge, civil station, Bangalore and had been numbered as 29 of 1975 and it was pending as on the date of formation of the court of city civil judge, Bangalore and thereafter came to be numbered as original suit No. 923 of 1980 and was ultimately disposed of by the 10th additional city civil judge. The learned civil judge granted the prayer for cancellation of the agreement to sell and directed the defendant to handover possession of the suit house and pay a sum of Rs. 215/- by way of past damages for use and o