ORDER

Anil Kshetarpal, J. (Oral). -

CM-3987-C-2017

1. Although, the delay in filing of the appeal is huge, however, in view of the no objection by the learned counsel for the respondent, delay of 120 days in filing the appeal is condoned.

Main case

2. The defendants-appellants are in Regular Second Appeal against the concurrent finding of fact arrived at by the courts below while decreeing the suit for possession by way of specific performance of the agreement to sell.

3. For the sake of convenience, the parties are referred by their status in the suit.

4. The plaintiff claims that the defendants entered into an agreement to sell on 10.11.2009 in his favour with respect to a large property against a sale consideration of Rs.20,00,000/-. As per the agreement to sell, the earnest money of Rs. 2,50,000/- was paid and the agreement was signed by all the defendants. The sale deed was agreed to be executed on 09.11.2010. The plaintiff further claims that he had paid an amount of Rs. 1,00,000/- on 18.11.2009, Rs.50,000/- on 18.11.2009, Rs.1,50,000/- on 25.11.2009 and Rs.50,000/- on 01.01.2010. The target date for execution of the sale deed was extended till 29.05.2011 as per the writing dated