Paramjeet Singh, J.

This regular second appeal of defendant no.1 is directed against the judgment and decree dated 24.11.2008 passed by learned Additional Civil Judge (Sr. Divn.), Karnal whereby suit for possession by way of specific performance and declaration filed by respondent no.1plaintiff has been decreed and against the judgment and decree dated 15.09.2009 passed by learned Additional District Judge, Karnal whereby appeal preferred by appellant has been dismissed.

For convenience sake, hereinafter, reference to parties is being made as per their status in civil suit.

The detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff filed a suit for possession by way of specific performance of agreement to sell with the averments that on 14.11.2000, defendant no.1 had executed an agreement to sell the suit land to the plaintiff on payment of sale consideration of 2,25,000/per acre and he had paid him 2,70,000/as earnest money at that time. The sale deed was to be executed on or before 09.10.2001 and prior thereto, defe