R.L. Khurana, J.—The appellant before this Court was defendant No. 3, while respondent No. 1 was the plaintiff and respondents No. 2 to 4 were the defendants No. 1, 2 and 4, respectively, before the learned trial Court in Civil Suit No. 156/1 of 1991. For the purpose of convenience, the parties are being referred to accordingly hereinafter.

2. Defendant No. 3 is aggrieved by the judgment and decree dated 30.6.1997 of the learned District Judge, Shimla, affirming the judgment and decree dated 17.6.1992 of the learned Sub Judge 1st Class (3), Shimla.

3. The defendants No.l to 4 and one Smt. Sumitri Devi (mother of defendant No. 3) representing themselves to be the owners and in possession of the house property known as "Anwar Cottage" Lower Kaithu, Shimla alongwith servant quarter and the land underneath comprising of khasra No. 100, Khata/Khatoni No. 227/390 measuring 11 Biswas (as detailed in the jamabandi for the year 1965-66). On 1.10.1982 entered into an agreement with the plaintiff agreeing to sell the said property, hereinafter referred to as the property in dispute, to the plaintiff for a total consideration of Rs. 72,000. A sum of Rs. 15,000 as advance was paid by the