J.V.Gupta, J.

1. This is defendants appeal against whom the suit for the recovery of Rs. 23,000/- has been decreed by the trial Court.

2. Plaintiff Mangal Singh filed this suit for recovery of Rs. 30,000/- on the allegations that according to the agreement executed by the defendant, Smt. Bachni, in his favour on 23rd July, 1971 (Dx. P1) by which the defendant had agreed to sell her land, measuring 19 Kanals 17 Marlas of land for Rs. 90,000/-. According to the plaintiff, the defendant received a sum of Rs. 23,000/- as earnest money. It was further pleaded that the defendant had not executed the sale deed in accordance with the terms of this agreement upto 15th July, 1972, the date fixed for execution of sale deed in spite of the fact that the plaintiff was always ready and willing to get the same executed. According to the terms of the agreement, if the defendant did not execute the sale deed by 15th July, 1972, she was liable to return Rs. 23,000/- received by her, as earnest money and an equal amount as compensation, to the plaintiff for damages. However, the plaintiff only claimed Rs. 7,000/- by way of damages together with a prayer for the refund of earnest money of Rs.