SHELAT, J. :- The defendant-appellant is a resident of Godhra in the District of Panchmahals and he owned a house property bearing Municipal Nos. 5146 and 5147 in City Tika No. 60, Lot No. 66. It had two floors. While the ground floor thereof was let out by him to witness Ramanlal Girdharilal Ex. 32 on a monthly rent of Rs. 18/-, the first floor was let out to witness Shantilal Ex. 65 on a monthly rent of Rs. 10/-. This house property adjoins the building where the plaintiff's firm has been carrying on its business since last several years. On 29-11-49 Abdulsatar Haji Ibrahim Dadi of Godhra - the defendant-appellant executed an agreement Ex. 28 in favour of the plaintiff-respondent whereby he agreed to sell the suit property for a sum of Rs. 12,051/-, Rs. 2000/- were paid by the plaintiff by way of earnest money thereunder to the defendant. The agreement then provided that the sale-deed would be executed on obtaining the certificate from the Custodian of the Evacuee Property and on receiving the balance of the amount. For obtaining that certificate the defendant was to apply to the Custodian on the next day. One of the conditions was that the rent realized out of the suit