PARAMJEET SINGH, J.

1. This regular second appeal of defendant no. 2 is directed against the judgment and decree dated 28.09.1984 passed by learned Subordinate Judge 1st Class, Patiala whereby suit for specific performance filed by respondent no. 1 plaintiff has been decreed and against the judgment and decree dated 07.03.1987 passed by learned District Judge, Patiala whereby appeal preferred by appellant has been dismissed.

2. For convenience sake, hereinafter, reference to parties is being made as they are arrayed in civil suit.

3. 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 as pleaded in plaint for disposal of this second appeal are to the effect that defendant no. 1 Chhotta Ram agreed to sell the land measures 56 kanals 5 marlas vide agreement dated 20.08.1969 (Ex.PA) for a total consideration of Rs. 7,000/- in favour of plaintiff and on that day, plaintiff- Balwant Singh allegedly paid Rs. 2,500/- as earnest money to defendant no. 1. It was also mentioned in the agreement that possession of the allegedly sold land had been given to the vendee in part performance of th