ANIL KSHETARPAL, J.

1. Arguments were heard at length and the judgment was pronounced. Now the Court proceed to record its reasons.

2. Plaintiff-appellant is in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment passed by the learned trial Court while deciding a suit for specific performance of the agreement to sell.

3. In the considered opinion of this Court, following substantial question of law arises for consideration:-

(i) whether marginal witnesses are required to know terms of the contract entered into between the parties and they must necessarily witness the payment of the amount under the contract, failing which their evidence cannot be relied upon ?

4. Plaintiff filed a suit on the basis of a written agreement to sell dated 07.02.2008 entered into between the plaintiff and the defendant with respect to land measuring 8 kanals and 16 marlas at the rate of Rs.9,00,000/- per acre and received a sum of Rs.5,00,000/- as earnest money. As per the agreement, sale deed was to be executed and registered on 11.05.2008. Plaintiff further pleaded that he had sent notice to the defendant to come and execute the sale d