JUDGMENT :

Virender Singh, J.

Plaintiff­Darshan Singh has filed the suit for specific performance of contract dated 22.10.2005, against the defendant, with regard the land measuring 7 kanals 13 marlas, comprised in Khewat Khatauni No.59/65, Khasra No.173/105, as per Jamabandi for the years 2001­2002, situated in Mauza Gogharwal, Pargana and Tehsil Nalagarh, District Solan, H.P., (hereinafter referred to as ‘the suit land’).

2. In addition to this, the plaintiff has sought the relief of Permanent Prohibitory Injunction, restraining the defendant from selling, transferring, alienating or encumbering and changing the nature of the suit land.

3. The suit has been filed on the ground that defendant had entered into the agreement with the plaintiff, who is agriculturist, regarding the sale of the suit land for a sum of Rs.20,00,000/­ per bigha, for a total consideration of Rs.1,02,00,000/­.

4. The terms and conditions of the agreement were reduced into writing on 22.10.2005 and, at that time, the plaintiff had paid a sum of Rs.15,00,000/­, as earnest money. As per the terms and conditions of the agreement to sell, the plaintiff was required to pay a sum of Rs.5,00,000/­ on 22.4.2006 and the b