JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment and decree dated 15.10.2019, passed by learned District Judge Shimla whereby the appeal filed by the appellant (plaintiff before the learned Trial Court) and respondent no. 1 (defendant before the learned Trial Court) was partly allowed. (Parties shall hereinafter referred to in the same manner as they were arrayed before the learned trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a Civil Suit before the learned Trial Court seeking the specific performance of an Agreement to Sell dated 13.07.2004 (Ext. PW3/A) regarding the suit land mentioned in para 1 of the plaint or in the alternative for the recovery of Rs.1,00,000/- along with interest @18% per annum from the date of execution of the agreement. A consequential relief of permanent prohibitory injunction restraining the defendant from alienating the suit land to any person was also sought. It was pleaded that the parties entered into an agreement to sell on 13.07.2004 in the presence of witnesses S.R. Chauhan and Kishan. An amount of Rs.50,000/- was paid as earnest money to the