ALKA SARIN, J.

1. The present appeal has been preferred by the defendant-appellant against the concurrent findings recorded by both the Courts below vide judgments and decrees dated 25.01.2010 and 17.09.2010 whereby the suit of the plaintiff-respondent was decreed.

2. The brief facts relevant to the present lis are that the plaintiff-respondent filed a suit for possession by way of specific performance of agreement to sell dated 27.03.1998 in respect of land measuring 23 kanals 12 marlas situated at Village Bhakriana, Tehsil Phagwara, District Kapurthala as fully described in the plaint on payment of balance sale consideration of Rs.6,55,000/-. The case set up by the plaintiff-respondent was that he was a resident of a foreign country and Sewa Singh was his duly authorized attorney and was fully conversant with the case. The defendant-appellant represented himself as owner of the suit land and made an offer to sell and on 27.03.1998 the parties entered into an agreement to sell. The price of the suit land was settled at the rate of Rs.9,00,000/- per acre and out of the total sale consideration of Rs.26,55,000/-, a sum of Rs.20,00,000/- was paid to the defendant-appellant by the plain