ANIL KSHETARPAL, J.

1. The defendant-appellant has filed this Regular Second Appeal against the concurrent findings of fact arrived at by the Courts below.

2. The plaintiff-respondent filed a suit for specific performance of agreement to sell dated 09.04.1983 with respect to half share of House No.582, Sector-8B, Chandigarh constructed on a plot of 5 marlas and for permanent injunction restraining the defendant Jagan Nath from receiving and collecting the rent regarding the aforesaid house from Amar Nath, tenant son of the plaintiff.

3. The defendant filed a counter claim seeking declaration that the defendant is owner and landlord in possession through his tenant Amar Nath son of the plaintiff. The defendant further sought a relief of permanent injunction restraining the plaintiff or anyone else from interfering with peaceful possession of the defendant through his tenant.

4. The plaintiff and defendant are brothers.

5. As per the agreement to sell dated 09.04.1983, the defendant had agreed to sold the half share of house in question for a total sale consideration of Rs.1,00,000/-, received Rs.80,000/- as earnest money, delivered the actual and physical possession of his shar