Rajive Bhalla, J.:- By way of this Regular Second Appeal, the appellants impugn the judgment and decree, dated 8.11.1994, passed by the Additional District Judge, Ludhiana, decreeing the suit, filed by the respondent, and setting aside the judgment and decree, dated 21.1.1991, passed by the Sub Judge Ist Class, Ludhiana, whereby the suit was dismissed.

2. The plaintiff-respondent filed a suit seeking possession of the property in dispute by way of specific performance of an agreement to sell, dated 12.12.1980. In the alternative, he prayed for the grant of a decree for recovery of Rs.80,000/-, Rs.40,000/- being the earnest money and Rs.40,000/- as damages. The defendants/appellants entered into an agreement to sell, dated 12.12.1980 with the respondent/plaintiff, agreeing to sell land measuring 26 kanals 10 marIas, situated in Ludhiana @ Rs.18/- per square yard. The total sale consideration was fixed at Rs.2,88,540/-. A sum of Rs.40,000/- was received by the appellants as earnest money. As per clause II of the agreement, the appellants were required to execute the sale deed, within a period of 15 days from the date of receipt of permission to sell land from the competent