Amol Rattan Singh, J.

This is the second appeal of the plaintiff who filed a suit seeking specific performance of an agreement entered into by him with the respondent-defendant on 19.02.2005, for the sale of a plot measuring 311 sq. yards, (fully described in the headnote of the judgment of the learned Civil Judge), situated at Dhandran, Tehsil and District Ludhiana.

He further sought permanent injunction restraining the defendant from alienating the suit property in any manner.

2. The case set up by the appellant, as taken from the judgments of the Courts below, was that the defendant being the owner in possession of the aforesaid plot, had agreed to sell it to the appellant for a total sale consideration of Rs. 20,43,270/-, with earnest money of Rs. 4,00,000/- stated to have been paid on the date of the agreement, i.e. 19.02.2005. The date fixed for executing the sale deed was 15.05.2005 and in between, on 28.02.2005, another sum of Rs. 2,00,000/- is stated to have been paid to the respondent-defendant by the appellant.

15.05.2005 being a Sunday, the appellant asked the respondent to come to the office of the Sub-Registrar, Ludhiana, on 16.05.2005 but allegedly she did not