1. The present second appeal is arising out of the judgment dated 5.4.2005 passed by the Civil Judge, Class-I, Kukshi in Civil Suit No. 44A/2000, by which the suit as well as the counter claim has been dismissed.

2. The undisputed facts of the case reveal that one Narayan was the owner of the suit property and an agreement took place in respect of sale of suit property on 13.1.1978 and it was an oral agreement. The suit property is a house. Thereafter, the agreement was reduced in writing on 8.4.1978. As the terms and conditions of the agreement were violated, a legal notice (Exhibit P-2) on behalf of Narayan to Mishrilal, the present appellant/plaintiff, was served terminating the agreement.

Mishrilal preferred a civil suit praying for injuction in the matter and a counter-claim was preferred by Narayan, the owner of the property, claiming possession of the suit property. The suit as well counter-claim both were dismissed and an appeal was preferred by Narayan against dismissal of the counter-claim, as he was claiming possession of the suit property.

3. The undisputed