1. The trial Court partly decreed the Special Civil Suit No. 63 of 1988 on 30.06.1994 for possession of the suit field and enquiry into the mesne profit. The lower appellate Court has dismissed the Regular Civil Appeal No. 190 of 1994 on 07.12.2001. Hence, the original defendant is before this Court in this second appeal.

2. Undisputedly, the plaintiffs were the owners of the suit property and the defendant claimed protection of possession on the basis of the agreement to sell dated 22.12.1975 at Exh.39. The Courts below are concurrent in holding that the defendant has failed to establish the possession over the suit property by way of part performance of contract. According to the Courts below, the defendant was in possession of the suit property on the basis of the orders dated 17.05.1978 and 31.08.1978 at Exh.45. The Courts have held that the defendant has failed to establish readiness and willingness on his part to perform the contract by making payment of balance amount of consideration of Rs.12,250/- to get the sale deed executed.

3. On 15.07.2005, this Court passed a reasoned order framing two substantial questions of law, which are reproduced below.

[1] Whether the p