KANWALJIT SINGH AHLUWALIA, J.

In CM No.8593-C of 2011

C.M. is allowed. Exemption is granted as prayed for.

RSA No.3123 of 2011 (O&M)

The present Regular Second Appeal has been filed by the plaintiff to the suit. The learned trial Court had dismissed the suit for possession by way of specific performance of the agreement to sell dated 7.9.2000. The lower Appellate Court reversed the findings of the trial Court regarding execution of the agreement to sell dated 7.9.2000 but, however, had granted the alternative relief in favour of the plaintiff-appellant-purchaser by holding that he is entitled to recovery of Rs. One lac, paid as earnest money along with interest at the rate of 6% per annum from 1.7.2001 till recovery of the amount.

2. Briefly stated, it was pleaded in the suit that defendant-respondent-Mukhtiar Singh had executed an agreement dated 7.9.2000 in favour of the plaintiff-appellant for sale of 80/380th share measuring 4 Kanals out of the land, detail and description of which has been given in the plaint. It was pleaded that earnest money of Rs. One lac was paid and defendant-respondent had agreed to execute the sale deed of the suit land on or before 30.6.2001.