ARUN PALLI, J.

1. Suit filed by the plaintiff (late Jarnail Singh) was decreed by the trial court vide judgment and decree dated 12.12.2009. Appeal preferred against the said decree failed and was accordingly dismissed by the first appellate court vide judgment and decree dated 21.07.2010. That is how, the defendant is before this court in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

2. In short, the plaintiff prayed for possession by way of specific performance of the agreement to sell, dated 30.06.1999, and by way of consequential relief a decree for injunction was also prayed for restraining the defendant from alienating the suit property, in any manner. It was pleaded that defendant (Darshan Singh) entered into an agreement to sell, dated 30.06.1999, with the plaintiff qua the suit property i.e. a residential house at Village Rasulra, Tehsil Khanna, District Ludhiana. A sum of Rs. 50,000/- were purportedly paid by way of earnest money and the balance sale consideration was to be paid at the time of execution and registration of the sale-deed. The date first fixed for execution of the sale-deed