1. This is defendants appeal, against whom a decree for possession by specific performance of an agreement of sale has been passed by the trial Court.

2. The plaintiff-respondent filed a suit for possession by specific performance of the agreement of sale dated 27th of Oct., 1959 (Ext.P-1) whereby the defendant is alleged to have agreed to sell one-half share in bungalow No. 51/5/13 situated at Court Road, Amritsar, along with vacant land and outhouses appurtenant thereto. The suit property is an evacuee property which vested in the Custodian of Evacuee Properties and afterwards in the central Government by virtue of the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The Central Government under the provisions of the said Act through the Local District Rent and Managing Officer put the property on auction-sale on 19th Oct., 1959. The parties are said to be displaced persons. According to the plaintiff, at one stage of the auction he and the defendant mutually agreed not to outbid each other and they both entered into a mutual understanding whereby the plaintiff was refrained from giving any further bid at that auction, and the defendant was