Mr. Anil Kshetarpal, J. (Oral).:- The defendant/appellant is in Regular Second Appeal against the concurrent finding of fact arrived at by the Courts below.

2. The plaintiff had filed a suit for possession by way of specific performance of the agreement to sell dated 11.07.2008. As per the agreement, total sale consideration was Rs.7,00,000/- out of which Rs.6,00,000/- were paid as earnest money.

3. The sale deed was to be executed and registered on 15.10.2009. The date was extended by executing a writing on the back of the first page duly signed by the parties and fresh date was fixed as 05.05.2010. The plaintiff visited the office of the Sub Registrar for execution of the sale deed. However, the defendant did not come forward for completion of the contract. The plaintiff marked his presence. He filed a suit for specific performance on 04.10.2010. It was pleaded that the plaintiff was always ready and willing to perform his part of the contract.

4. The defendant denied execution of the agreement. He denied all the assertions made in the plaint. It was pleaded by the defendant that in fact he and his brother had some dispute and the plaintiff had intervened and got the matt