1. This defendant s appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code ) challenging the judgment and decree dated 23-5-2001 passed by the Addl. District Judge, Rohtak who has reversed the findings of the Civil Judge (Jr. Division) Rohtak recorded in his judgment and order dated 7-12-1999. The Civil Judge has recorded the finding that there was an agreement to sell executed by the defendant-appellant on 7-6-1995 and the plaintiff-respondent was always ready and willing to perform that contract. However, the suit of the plaintiff-respondent was decreed to the extent of awarding of alternative relief by directing the defendant-appellant to refund the earnest amount of Rs.1,90,000.00 received by him from the plaintiff-respondent in the form of cash as well as draft. The basic reason followed by the learned Civil Judge for declining the specific performance of the contract by execution of the sale deed was that the plaintiff-respondent did not verify the title of the suit land as it was mortgaged with Rohtak Primary Co-operative Bank. The other reason was that the plaintiff-respondent has himself prayed for the refund of the earnest money