JUDGMENT :

Tarlok Singh Chauhan, J.

The defendant is the appellant, who after having lost in both the learned Courts below, has filed the instant regular second appeal.

2. The parties shall be referred to as the 'plaintiff' and the 'defendant'.

3. The plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 13.05.2008. The facts giving rise to filing of the suit are that the defendant is owner in possession of land measuring 0-3-6 bighas being 1/24 share, out of total land measuring 4-0-0 bighas comprised in Khata Khatauni No. 1975/2747, Khasra Kitas 4, land measuring 0-0-3 bigha being l/6th share, out of total land measuring 0-1-0 bigha, Khata-Khatauni No. 1973/2745, Khasra No. 4825, land measuring 0-0-3 bigha being 1/312 share, out of total land measuring 2-12-0 bigha, Khata Khatauni Nos. 1974/2746, Khasra No. 4840, total land measuring 0-3-12 bighas, along with one single storey lintel measuring 30x24 feet, situated in Phati Kharahal, Kothi Kais, Tehsil and District Kullu, H.P. ( hereinafter referred to as the suit land). It was averred that the defendant as per agreement to sell dated 13.05.2008 had agreed to sell the suit land measuring 0-3-