JUDGMENT:- This is a second appeal against the judgment and decree dated 4-21966 of Sri Basdeo Lal Srivastava I Additional District Judge Varanasi modifying the decree of the trial Court and dismissing the appellants appeal.

2. The suit giving rise to this appeal is filed by the plaintiff appellant against the defendant respondent on the allegations that the respondent was the owner of the house detailed in the plaint, and the plaintiff appellant was occupying its portion as a tenant. On 21st of June 1960 there was an agreement between the parties by which the defendant respondent agreed to sell the disputed house to the plaintiff appellant for the consideration of Rs. 6000/- after accepting Rs. 200/- as earnest money. It was further agreed between the parties that after the marriage of the daughter. of the respondent, the respondent will show all the title deeds to the plaintiff and would execute the sale deed within 31st of December 1961 after accepting the balance of consideration and after adjusting the other dues due from the respondent to the appellant. It was further agreed that in case the sale deed was not executed by 31st of December 1961 it would be executed within one ye

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