- (1.) This is plaintiff's second appeal, arising out of a suit for possession, which was dismissed by the two courts-below. Show cause notice was issued on 16.4.1986 and the Court directed that it will be finally heard at admission stage on 22.8.1989. The facts giving rise to the present appeal, may be stated thus:
(2.) On 16.5.1984, an agreement for transfer of the suit property, situated in Pratapgarh, was entered between Gulam Mohammed son of Rahim Bux, (transferor) and Sarju Bai daughter of Ratanji Bhat. The agreement runs as under :
(3.) In terms of the aforesaid Agreement, the defendant was put in possession of the property in dispute. However, there could not be execution and registration of the sale- deed in favour of the defendant in terms of the aforesaid Agreement within a period of 1 year and, eventually, the plaintiff filed a suit for recovery of the possession of the house on 25.5.1972. The defendant pleaded that she was in possession of the suit property under the Agreement to sale, quoted above and that she was ready and willing, and still ready and willing to perform her part of the contract and, therefore, entitled to protect her possession. It was also pleaded that the suit in question is a suit for specific performance of the contract and, therefore, is barred by time.;