Satish Kumar Mittal, J.

1. Kulwant Singh, the unsuccessful plaintiff, has1 filed the present Regular Second Appeal against the judgment and decree, passed by both the Courts below, vide which his suit for specific performance to two agreements has been dismissed on the ground that the agreements in question are not enforceable. However, the plaintiff was held to be entitled to get the refund of his earnest money.

2. The brief facts of this case are that the plaintiff and defendant Makhan Singh (now deceased through his LRs), respondent herein, were the real brothers. They were four brothers. Each brother was having 1/4 share in the land measuring 40.2/3 marlas and building of ice factory situated at Rayya and 1/8 share in the machinery installed in the ice factory. On 3.5.1982 defendant entered into two agreements with the plaintiff, one regarding the sale of his 1/4 share in the land and building for a valuable consideration of Rs. 10,000/- out of which Rs. 5,000/- was as earnest money and the second regarding the sale of his 1/8 share in the machinery installed in the ice factory for a consideration of Rs. 16,000/- out of which Rs. 5,000/- was paid as earnest money. Both