Dharam Chand Chaudhary, J.

Shri Ranvir Kochhar defendant in the trial Court is in second appeal before this Court, as he is aggrieved by the judgment and decree passed by learned District Judge, Chamba, on 31.5.2002, in Civil Appeal No.31/1997/1987, whereby the appeal he preferred in the lower appellate Court was dismissed and the judgment and decree in Civil Suit No.16/1986, dated 21.10.1987, passed by learned Senior Sub Judge, Chamba, affirmed.

2. The appeal has been admitted on the following substantial questions of law:

1. Whether the plaintiff was entitled to a decree for possession when the findings of the court below was that the plaintiff was not ready and willing to perform his part of the contract and had committed breach of the contract and the defendant was in possession of the property in pursuance to the agreement of sale?

2. Whether the findings of the court below are perverse, based on misreading and misconstruction of oral and documentary evidence, particularly when the plea of protection of the possession of the plaintiff had been raised in the written statement which covers the plea of part performance under Section 53-A of the Transfer of Property Act an