Mrs. Rekha Mittal, J. - The present regular second appeal has been directed against the judgment and decree dated 22.04.2013 passed by the Additional District Judge, Panchkula whereby an appeal preferred by the respondent against the judgment and decree dated 14.05.2011 passed by the Additional Civil Judge (Senior Division), Panchkula has been partly allowed and as a result, the suit of the appellant for specific performance of agreement to sell has been dismissed and he has been granted alternative relief for recovery of earnest money along with interest.

2. Facts relevant for disposal of the present appeal are that the respondent entered into an agreement to sell dated 11.12.2004 for sale of property measuring 2 biswas 10 biswasi situated in Hadbast No. 393 Khata No. 68/119, Khasra No. 223/6 to the extent of ¼th of total 1 kanal 10 marlas situated in Kalka, Tehsil Kalka District Panchkula. Out of total sale consideration of Rs.9,05,000.00, an amount of Rs. 1,00,000.00 was paid as an earnest money at the time of execution of the agreement. The last date for execution of sale deed was fixed as 10.03.2005. It was agreed that in case the respondent failed to get the sale deed