BARMAN, AG. C. J.

( 1 ) THIS appeal filed by the defendant arises out of a suit filed by the plaintiff-purchaser for specific performance of a contract for sale of a suit house in berhampur (Ganjam) town under an agreement by which the defendant agreed to sell the suit house to the plaintiff for consideration on the terms and conditions as mentioned in the said agreement. The plaintiff-purchaser's suit for specific performance was decreed in her favour. Hence this appeal by the defendant-vendor. The facts and circumstances in which the parties came to be involved in the litigation over the suit house are as hereinafter stated.

( 2 ) THE plaintiff Srimati Kamaja Devi and the wife of the defendant, Khali Panigrahi are stated to be intimate friends. It is said that the plaintiff approached the defendant a contractor, for construction of a house for the plaintiff and members of her family; that the defendant purchased Ac. 0. 05 cents of land in ward No. 24 of Berhampur Municipality being house No. 392 adjacent to Komapalli Crossing in court area and constructed a pucca house on the said site. After construction the defendant put the plaintiff in possession of the suit house in Januar