JUDGMENT :

Suit for specific performance of contract filed by the appellant against the respondent was decreed by the learned trial Court. This decree was reversed in appeal by the learned first Appellate Court. Aggrieved, the plaintiff has instituted this regular second appeal.

Parties hereinafter are referred to as they were before the learned trial court.

2. Facts

2(i) Suit for possession by way of specific performance of agreement to sell dated 20.2.1996 in respect of land entered in Khata No. 58 Khatoni No. 60 Khasra No. 7 measuring 0-9 Marlas of 2/3 share measuring 0-6 Marlas, Khata No. 59 Khatoni No. 61 Khasra No. 6 measuring 1 Kanal 4 Marlas of 1/6 share measuring 0-4 Marlas, total area of both the Khatas measuring 0-10 Marlas, situate in Tika Dugga Khurd, Tappa Matti-Morian, Tehsil and District Hamirpur H.P. was instituted by the appellant. The appellant/plaintiff pleaded that Shri Ashwani Kumar-husband of the defendant was owner in possession of the suit property. He entered into an agreement to sell with the plaintiff on 20.2.1996 in respect of the suit land for sale consideration amount of Rs. 2.25 lacs. Plaintiff paid a sum of Rs. 40,000/- to Shri Ashwani Kumar at home and