- (1.) The plaintiff-appellant is in second appeal before this Court.
(2.) Briefly stated, the plaintiff filed a suit for possession by stating that the defendant was the owner of the land measuring 5-1/4 Marlas and there was a construction over a portion of such land and the same was in possession of the defendant. It was pleaded that on 8.4.1999, the defendant sold the aforesaid plot of land along with construction to the plaintiff for a sum of Rs. 50,000/- and executed a sale-deed in favour of the plaintiff. The plaintiff contended that the defendant had agreed to deliver the possession of the suit land but after execution of the sale-deed, the possession has not been delivered. Accordingly, the suit had been instituted.
(3.) Defendant put in appearance and filed written statement wherein although he admitted his ownership and possession of the land in dispute but set up a defence that he was in need of money and accordingly, had approached the plaintiff to advance an amount of Rs. 50,000/-, upon which the defendant had insisted on execution of an agreement to sell of the house in his favour. Accordingly, the defendant submitted in his written statement that he had executed an agreement to sell of his house on 8.4.1989 in favour of the plaintiff, whereupon the plaintiff had assured to pay the same on the next day, but no such amount was actually paid to him. The defendant further submitted that the suit property is the only residential house of the defendant and as such, there was no occasion to alienate the same in favour of the plaintiff.;