JUDGMENT

Ritu Bahri, J. - Cm No.9773-C of 2019

For the reasons mentioned in the application, same is allowed and delay of 24 days in re-filing of the appeal is condoned.

CM No.9774-C of 2019

Allowed as prayed for.

RSA No.3588 of 2019

2. This appeal has been filed against the judgment dated 15.02.2019 passed by the Additional District Judge, Hoshiarpur, dismissing an appeal filed by plaintiff-appellant (hereinafter referred to as 'the plaintiff') against the judgment and decree dated 23.11.2016 passed by the Civil Judge (Junior Division), Hoshiarpur, whereby suit filed by him (plaintiff) for possession by way of specific performance of agreement to sell, has been partly decreed to the effect of recovery of Rs.10,000/-.

3. Swaran Singh-plaintiff (appellant herein) filed the above said suit with the averments that the suit property was earlier jointly owned by defendant No.1 and his father Nirmal Singh. Vide agreement to sell dated 29.11.1995, they had agreed to sell the suit property (as detailed in the head note of the plaint) to plaintiff and received Rs.10,000/- as earnest money. It was agreed that the sale deed would be executed after mutation regarding the family partition betwee