The only question that arises in this revision is whether the suit, O.S. No. 1486 of 1969, filed by the first respondent herein for a declaration of his right to be in possession of the suit property in part performance of the contract dated 5th June, 1969 and for an injunction restraining the defendants from interfering with his possession of the same is maintainable in law. The second respondent herein entered into an agreement to sell the suit property to the first respondent on 5th June, 1969, agreeing to sell three items of the property for a sum of Rs. 25,000 receiving an advance of Rs. 10,000 on the same day. It has been agreed that the balance of Rs. 15,000 was to be paid on or before 5th December, 1969, when the sale deed was to be executed. Subsequently the first respondent had sold items 1 and 2 to the petitioner herein for a sum of Rs. 26,000 on 1st November, 1969. The petitioner, in pursuance of the sale in his favour sought to interfere with the possession of the first respondent who is said to have been put in possession of the properties even on 5th June, 1969, the date of the agreement in his favour . Hence he filed the above suit for a declaration that h