P.C. Pathak.J. -- 1. This appeal is by the plaintiff against the order refusing temporary injunction.

2. The plaintiff's case is that he advanced a loan of Rs.5,000/- to Kalloolal against the delivery of possession of the suit plot with an agreement that Kalloolal shall, with the approval of his family members, execute a sale-deed of the suit plot and in the event of failure shall repay the loan without interest. In pursuance of the agreement, Kalloolal delivered possession of the suit plot and the plaintiff started his business by raising a temporary structure on the said plot. In August, 1956, the plaintiff constructed a room on the suit plot with prior intimation to Kalloolal. Kalloolal served a quit notice dated 18.8.1956 on the plaintiff treating him as a tenant. On receipt of the notice, the plaintiff reminded Kalloolal to execute the sale deed. In reply Kalloolal offered to sell his adjacent plot, which was rejected by the plaintiff. Meanwhile Kalloolal died in November 1957, and the plaintiff remained in possession of the suit plot as owner peacefully continuously without interruption of the defendants. The plaintiff made further additions by constructing a godown and b