RAJ MOHAN SINGH, J.

[1]. Defendant-Appellant has filed this Regular Second Appeal against the judgment and decree dated 11.11.2014 passed by Additional District Judge, Chandigarh, whereby the judgment and decree dated 12.08.2013 passed by Additional Civil Judge (Sr. Divn.) Chandigarh was upheld.

[2]. Plaintiffs/respondents filed suit for specific performance of the agreement to sell dated 03.03.2005 seeking enforcement of agreement by directing the defendant to execute and get registered the sale deed in respect of House No.70, Sector 2, Chandigarh in the office of SubRegistrar, U.T., Chandigarh and for possession of the said house.

[3]. Plaintiffs alleged that the defendant is the owner of House No.70 Sector 2, Chandigarh. He entered into an agreement to sell with the plaintiff No.1 in respect of sale of aforesaid house for a total sale consideration of Rs.5 crores. An amount of Rs.50 lacs was paid as earnest amount to the defendant.

[4]. According to the terms and conditions of the agreement, defendant was required to obtain 'No Due Certificate' and to get released the original title deeds from HSBC Bank, Sector 9, Chandigarh and to get permission to sell the aforesaid hous