ANIL KSHETARPAL, J.

C.M.No.8611-C of 2017

Allowed as prayed for.

Photocopy of the agreement to sell, Annexure P-1, is taken on record.

C.M.No.8173-C of 2017

Prayer in this application is for condonation of delay of 136 days in re-filing the appeal.

For the reasons stated in the application, which is supported by the affidavit, the application is allowed and delay of 136 days in re-filing the appeal is condoned.

RSA No.3388 of 2017

Defendant-appellant has filed regular second appeal against judgment and decree, dated 07.08.2015, passed by the Additional Civil Judge(Sr. Division), Naraingarh, confirmed in appeal by the first appellate Court.

1. Plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 23.01.2008. Plaintiff claimed that defendant had entered into an agreement to sell with respect to 35 kanals being half share of 70 kanals of land described in the plaint for a total sale consideration of Rs.20 lacs.

2. According to the plaintiff, the entire sale consideration was received. It has further mentioned that a dispute with respect to inheritance of "Siria" is pending in the High Court and defendant will inform the plaintiff about the dec