Devinder Gupta, J.This is Defendants appeal against the judgment and decree passed on 28-12-1990 by a learned Single Judge of this Court by which a decree for possession of the suit property by way of specific performance of agreement of sale was passed in favour of the plaintiff/ respondent.

2. On 7-8-1989, an agreement of sale was entered into between the parties by which defendant agreed to part with the property described in revenue records as four biswas of land comprised in khasra No. 255, entered at Khewat No. 34, Khatauni No. 325 situated in mauza Sanjauli, Tehsii and District, Shimla alongwith the building standing thereupon for a consideration of Rs. 5,00,000. A sum of Rs. 1,00,000 was received by way of earnest money and it was stipulated that the balance sale consideration of Rs. 4,00,000 would be paid by the plaintiff and received by the Defendant at the time of registration of sale deed. Under the belief that the property to be conveyed by defendant to the plaintiff was land as defined in the explanation to section 118. of the H. P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the Act), it was also stipulated that since the plaintiff was not