L.N.Mittal, J.

1. Darbara Singh plaintiff has filed the instant second appeal.

2. Appellant-plaintiff filed suit for possession of 17 kanals 18 marlas land in suit by specific performance of agreement to sell and in the alternative for the recovery of Rs. one lac. The plaintiff alleged that defendant No. 1 as co-owner of the joint land agreed to sell the suit land measuring 17 kanals 18 marlas to the plaintiff at the rate of Rs. 2,50,000/- per acre and received Rs. 50,000/- as earnest money and executed agreement dated 14.2.1995. The plaintiff was to pay further amount of Rs. 1,50,000/- to defendant on 14.3.1995 and balance sale price was to be paid at the time of execution and registration of the sale deed upto 30.5.1996. Plaintiff always remained ready and willing to perform his part of the contract. On 14.3.1995, the plaintiff asked defendant No. 1 to receive Rs. 1,50,000/- in terms of the agreement but defendant No. 1 resiled from the agreement. Plaintiff even went to the office of Sub Registrar on 14.3.1995 with requisite amount of Rs. 1,50,000/- but defendant No. 1 did not turn up. On the other hand, the plaintiff learnt that the suit land had already been attached by