ANIL KSHETARPAL, J.

1. Plaintiff-appellant is in the regular second appeal against the judgments passed by the Courts below.

2. Plaintiff filed a suit for possession by way of specific performance of an agreement to sell with a consequential relief of permanent injunction or in the alternative for recovery of Rs.60,000/-.

3. Plaintiff claimed that defendant No.1-Surjit Kaur entered into an agreement to sell with him on 28.01.1993 for total sale consideration of Rs.1,08,000/- with respect to land measuring 7 kanals, 10 marlas and received Rs.10,000/- as earnest money. It is further pleaded that the target date for execution and registration of the sale deed was fixed on 30.08.1993. It is the case of the plaintiff that he remained ready and willing to perform his part of the contract, visited Tehsil Office at Ajnala and waited for defendant No.1 along with the balance sale consideration and other expenses, however, defendant No.1 did not come present. To prove his presence, he had sworn an affidavit before the Executing Magistrate. The suit was filed on 05.10.1993. Defendant No.1 did not contest the suit and was proceeded against ex parte. Defendant No.2 filed written statemen