SURINDER GUPTA, J.

1. This is regular second appeal against the judgment dated 10.12.2012 passed by Additional District Judge, SAS Nagar, Mohali, whereby the judgment and decree passed by the lower Court allowing the relief of specific performance of agreement dated 18.02.2005, was modified and decree for recovery of Rs. 8,00,000/- (paid as earnest money) along with interest @ 18% per annum from the date of agreement i.e. 18.02.2005 till payment, was passed in favour of plaintiff with proportionate costs.

2. Plaintiff-Appellant-Harbhajan Singh filed suit seeking relief of specific performance of the agreement dated 18.02.2005 with regard to the land measuring 2250 square yard as fully described in the headnote of the plaint situated at village Saidpura, Tehsil Derabasi, District Mohali. As per the appellant, defendant/respondent agreed to sell the above property for a sum of Rs. 24,00,000/- and received Rs. 8,00,000/- as earnest money at the time of agreement. The date for execution of the sale deed was fixed as 30.04.2005. On 30.04.2005 defendant-respondent came to the house of appellant and expressed his inability to execute the sale deed as he had failed to get the land