H.S. MADAAN, J.

In nutshell the facts of the case are that plaintiff Bakshish Singh had filed a suit against defendants Kanwaljit Singh and Dayal Singh seeking possession as owner by means of specific performance of agreement to sell dated 29.11.2003 regarding the land measuring 31K-12.5-M out of land measuring 63K-5M being 1/2 share comprised in HB No.627, khewat No.162, khatauni No.339, killa No.61R, 4(7-19), 5(6-18), 7(8-0), 14(8-0), 15(8-0), 16(7-17), 17 (8-0), 24 (3-4), 62R 11(5-7) besides craving for grant of permanent injunction restraining the defendants from alienating the suit land in any manner to any third person except the plaintiff and from creating charge over the suit property and changing its nature by forcibly super structuring over it; in alternative, the plaintiff sought recovery of Rs.33 lacs i.e. Rs.5 lacs as refund of the earnest money and Rs.28 lacs as damages for breach of contract with interest @ 12% p.a., from the date of cause of action till actual realization.

2. As per version of the plaintiff, defendant No.1 Kanwaljit Singh had entered into an agreement to sell land measuring 31K-12.5M with him on 29.11.2003 for Rs.33 lacs receiving Rs.5 lacs as earnest