JUDGMENT

Anil Kshetarpal, J. (Oral) - Defendants-appellants are in the regular second appeal against the concurrent findings of facts arrived at by both the courts below decreeing the suit for possession by way of specific performance of agreement to sell dated 03.03.2005.

2. In the present case, execution of the agreement to sell, receipt of earnest money and the receipt of additional amount is not in dispute. As per agreement to sell, sale deed was to be executed and registered on 01.06.2005. It is the case of the plaintiff that he was ready and willing to perform his part of the contract and visited the office of the Sub Registrar and even got prepared a draft sale deed after purchase of the stamp papers but the defendants did not come forward to execute the sale deed. Plaintiff thereafter served a notice on the defendant on 19.6.2005. In the meantime, plaintiff came to know that some part of the land had already been acquired by the PWD Department.

3. In the written statement, the defendants, who are the husband and wife took a stand that they were present in the office of the Sub Registrar whereas the plaintiff did not come forward to execute the sale deed. Defendants further s