Daya Chaudhary, J.

Appellant-Pankaj Kumar was plaintiff before the trial Court and filed suit for possession by way of specific performance.

2. As per case of the plaintiff, one Rajesh Kumar being Power of Attorney of defendant-Hem Raj, executed an agreement to sell in his favour on 02.01.2008 for sale of suit land for consideration of Rs. 620/- per square yard. Defendant received Rs. 30,000/- as earnest money and balance sale consideration was to be paid at the time of execution, attestation and registration of the sale deed before the Sub Registrar, Kaithal. It was also agreed that the plaintiff was entitled to get the sale deed executed in his favour or in favour of any person of his choice. In case, the defendant failed to execute the sale deed, then the plaintiff was entitled to get the agreement to sell specifically enforced through the Court of law or to recover double of the amount of the earnest money. It was also a term and condition of the agreement to sell that in case, the plaintiff fails to get the sale deed executed then the earnest money would be forfeited and agreement to sell stand cancelled. In the suit, it was specifically mentioned that the plaintiff ha