Sabina, J.:-Plaintiff Ram Narain filed a suit for possession, which was dismissed by the Additional Civil Judge (Sr.Divn.) Ambala Cantt. vide judgment and decree dated 26.11.2007. In appeal, the said judgment and decree were upheld by the Additional District Judge, Ambala vide judgment and decree dated 6.11.2008. Hence, the present appeal.

2. Brief facts of the case, as noticed by the lower appellate Court in para Nos.1 to 4 of its judgment, are as under:-

“ According to appellant-plaintiff, on 15.9.2002, respondent-defendant had entered into an agreement to sell house No.76-L measuring 24' x 55' bearing Khasra No.16//5/2 situated in village Naggal, Tehsil and District Ambala, for a valuable consideration of Rs.1,50,000/-. Defendant had purchased it in 1972 vide a sale deed. As per the agreement to sell, Rs. 1,15,000/- were paid to defendant as earnest money. Defendant had agreed to execute the sale deed on or before 30.9.2002 on receipt of balance consideration. On 30.9.2002, date for execution of the sale deed was extended up to 10.10.2002.

2. On 10.10.2002, plaintiff had appeared before the Sub Registrar for getting the sale deed executed, but defendant did not turn up.