TRIBHUVAN DAHIYA, J.

By this common judgment, the aforesaid two appeals shall be decided as both of them have been filed impugning the common judgment dated 15.01.2014 passed by the lower appellate Court.

2. These are plaintiff’s appeals in a suit for delivery of possession by way of specific performance of the agreement to sell dated 20.01.2003, for setting aside that part of the impugned decree which provides for refund of the earnest money.

3. The facts of the case in brief are, the appellant/plaintiff (hereinafter referred to as the 'plaintiff') filed a suit for delivery of possession by way of specific performance of an agreement to sell entered into with the respondents/defendants (hereinafter referred to as the 'defendants') dated 20.01.2003 for sale of a residential house measuring 32 sq.yards for a total sale consideration of Rs.4.5 lakh. Out of this consideration, Rs.2.5 lakh was paid as earnest money at the time of execution of the agreement, and an amount of Rs.50,000 was paid later towards the remaining sale consideration, vide an endorsement on the rear side of the sale agreement. The sale deed was agreed to be executed on or before 20.12.2003. When the defendants refuse