The appellant has filed the second appeal being aggrieved by the judgment and decree passed by the learned 6th Additional District Judge, Thane in Civil Appeal No. 193 of 1999 on 10.2.2004. This second appeal was admitted on 16.08.2012 and following is the substantial question of law framed at the time of admission of the second appeal.

"Whether the Lower Appellate Court erred in rejecting appellant's prayer for directing the respondent for restoration of the possession of the suit flat"

2. Few facts necessary for the disposal of this second appeal are as under:-

The respondent herein filed Regular Civil Suit No. 395 of 1994 in the Court of Civil Judge, Senior Division, Thane in regard to the premises more particularly set out in the plaint being Block No. 2 admeasuring 610 sq. feet. According to the respondent, the respondent had agreed to sell the suit premises to the appellant on 13.7.1993 for a total consideration of Rs. 1,50,000/-. It was also the case of the respondent that the possession of the suit premises was handed over to the appellant and thereafter in the month of August 1994 the appellant surrendered the possession to the respondent. It is also the case of the a