Rakesh Kumar Jain, J (Oral):- This is an appeal by defendant no.2 against the judgment and decree of both the courts below whereby the suit of plaintiff seeking possession by way of specific performance of the contract of sale has been decreed.

2. The case of plaintiff (Tarlok Singh) is that defendant no.1 (Harbhajan Singh) is the owner in possession of the property in dispute (4 kanals 19 marlas) i.e. 1/4th share of Khewat No.115, Khatauni No. 146, Khasra No. 841/1. (4-0), 841/2 (3-3), 816/1 (8-0), 6566/6262/804 (2-7), 6567/6262/804 (2-7) situated in the area of Village Bara Pind, Tehsil) Phillaur.

3. It is averred by the plaintiff that defendant no. 1 entered into an agreement of sale on 26.4.1998 of the land measuring 4 kanals 19 marlas for a consideration of Rs.2, 47,000/-. The plaintiff had paid Rs.10,000/­ towards earnest money at the time of the execution of the agreement with the condition that the balance sale consideration shall be paid at the time of execution of sale deed before the Sub Registrar. The sale deed was to be executed and registered within 3 months from the date of sanction of the mutation in favour of defendant No.1 regarding the inheritance of Swar