M.L. Singhal, J. - Wali Mohmad instituted suit for possession through specific performance of the agreement to sell dated 24.5.1989 against Rukna son of Nikka respecting land measuring 3 bighas situated in the area of Village Azimabad Tehsil Malerkotla on payment of Rs. 38,000/- minus Rs. 35000/- paid as earnest money or on payment of whatever amount is adjudged by the Court payable to Rukna, in the alternative, for the recovery of Rs. 38000/- as damages i.e. Rs. 35000/- as earnest money plus Rs. 3000/- as damages and also for permanent injunction restraining him from interfering with his possession or alienating the land in any manner whatever to any one else. It was alleged in the plaint that on 24.5.1989, Rukna son of Nikka defendant executed an agreement to sell land measuring 3 bighas to him for a sum of Rs. 38000/-. Out of sum of Rs. 38000/-, Rs. 35000/- was paid to him as earnest money. It was stipulated in the agreement that defendant shall execute sale deed in favour of the plaintiff or in whose favour the plaintiff wanted him to execute sale deed, till 25.5.1992. Defendant put him in possession of the land at the spot. It was stipulated in the agreement that in ca