Sham Sunder, J.:- This appeal is directed against the judgement and decree dated 24.03.2004, rendered by the Court of Additional District Judge, Hoshiarpur, vide which, it accepted the appeal, against the judgement and decree dated 07.11.2001, rendered by the Court of Additional Civil Judge (Senior Division), Garhshankar, vide which, it decreed the suit of the plaintiff, for specific performance.

2. According to the plaintiff, the defendant/respondent agreed to sell the land, in dispute, in his favour, vide agreement to sell dated 04.04.1996, and received the entire sale consideration of Rs. 80,000/- at that time. The defendant/respondent also agreed to execute the sale deed on or before 22.08.1997, and, in case of breach of the terms and conditions thereof, he was to return double the amount of earnest money towards damages. The plaintiff/appellant was also put in possession of the land, at the time of execution of the agreement to sell. The plaintiff/appellant, allegedly spent huge amount in making improvements of the land, in dispute. The plaintiff/appellant, had been asking the defendant/respondent, to execute the sale deed, but he had been putting him off, on one pret