1. This Regular Second Appeal has been filed by the L.Rs. of Kishan Singh (hereinafter referred to as "the deceased") against the judgment and decree passed by Shri Joga Singh, Additional Senior Sub Judge, Ropar, in Civil Suit No. RT-376/8-5-1991, decided on 23-12-1993 and the judgment and decree passed by Shri Mohinder Pal Additional District Judge, Ropar, in Civil Appeal No. RT-74/21-2-94/1-7-1997, decided on 13-12- 1999.

2. The respondent had filed the aforesaid civil suit seeking a decree of specific performance of the agreement to sell dated 12-5-1985 regarding sale of plot No. 659 measuring 150 square yards situated in Giani Zail Singh Nagar, Ropar. The deceased had executed an agreement for sale of the aforesaid plot in favour of the respondent dated 12-5-1985 for a total consideration of Rs. 12,000.00. On the date of the execution of the agreement for sale, the deceased had received a sum of Rs. 5000.00 as earnest money. The agreement was thumb marked by the deceased and attested by two attesting witnesses i.e. Mahender Singh, Panch, of village Majri Jatta, Ropar (P.W. 3) and Hardial Singh, Lumberdar of village Sangatpur. The agreement has been scribed by Mehar Sing