1. This second appeal has been filed by the plaintiff against the judgment and decree of the 2nd Additional District Judge. Ludhiana, dated 4th June, 1974.

2. Briefly, the facts are that the plaintiff purchased a plot from the Gurdev Nagar House Building Society, Ludhiana, for a consideration of Rs. 1,500.00 , vide sale deed dated 24th April, 1958. It is pleaded that thereafter a house was constructed on it by him. He went to Delhi for some time and it is averred that the defendant took forcible possession of the house. Consequently he filed a suit for possession.

3. The suit was contested by the defendant who controverted the allegations of the plaintiff and inter alia pleaded that possession of the plot was given to her in part performance of an agreement of sale dated 7th May, 1961 (Ext.D-1, whereby he agreed to sell it for an amount of Rs. 2,500.00 out of which Rs. 1,400.00 was paid by her to him at that time. She further stated that the house was constructed on the plot by her.

4. The learned trial Court decreed the suit. It held that there was no agreement of sale between the parties and the defendant had taken forcible possession of the property. It further held that