JUDGMENT

Anil Kshetarpal, J.(Oral) - This judgment shall dispose of three appeals bearing RSA Nos.647 of 2012, 1629 of 2012 and 1084 of 2017 as parties are common and decision in one i.e. RSA No.647 of 2012 would govern the decision in remaining appeals.

2. The defendant-appellant is in the regular second appeal against the judgment passed by both the courts below, decreeing the suit for possession by way of specific performance of the agreement to sell dated 28.10.2003 with respect to land measuring 14K-9M which was already mortgaged with a P.A.R.D Bank, Jhajjar. As per the agreement to sell, the total sale consideration agreed between the parties was Rs. 3,20,000/- out of which 1,70,000/- is stated to have been paid as earnest money and the target date for execution and registration of the sale-deed was fixed after a period of one year i.e. 27.10.2004. The plaintiff has also pleaded that on the directions of the defendant, loan of Rs. 1,75,097/- was deposited in the bank and obtained clearance and the defendant had agreed to repay Rs. 25,097/-.

3. The second appeal is arising