Mr. L.N. Mittal, J.: (Oral) - Defendant-Harvel Singh who was successful in the trial court but has been unsuccessful in the lower Appellate Court has filed this second appeal.

2. Respondents/plaintiffs Ranjit Singh and Sarabjit Singh filed suit against defendant-appellant for recovery of Rs.4,00,000/- alleging that the defendant agreed to sell land measuring 1 kanal 10 marlas comprised of khasra Nos.84 to 87 to the plaintiffs vide agreement dated 29.07.1999 @ Rs.15,000/- per marla and received Rs.2,00,000/- as earnest money but later on, it turned out that defendant was not owner of the aforesaid land. Accordingly plaintiff claimed refund of Rs.2,00,000/- as earnest money and also claimed Rs.2,00,000/- as damages.

3. The defendant broadly denied the plaint averments. The defendant denied having ever entered into the impugned agreement or having received Rs.2,00,000/- as earnest money. The defendant also pleaded that he had agreed to moretage his other land measuring 2 kanals 5 marlas out of khasra Nos.9//18 (8-0) and 83 (1-19) with the plaintiff for Rs.20,000/- and for execution of mortgage deed, plaintiffs brought the defendant to Tehsil compound on 24.08.1999, but instea