Judgment

Mr. Arun Monga, J.

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Appellant herein is plaintiff assailing impugned judgment/decree dated 03.11.2012 passed by learned District Judge, Kaithal whereby appeal filed by respondent-defendant against judgment/ decree dated 13.04.2010 passed by learned Additional Civil Judge (Senior Division), Guhla declining relief of possession by way of specific performance of agreement to sell dated 30.06.2006, but passing money decree of double amount of earnest money, was accepted and judgment/decree dated 13.04.2010 was set aside and suit of plaintiff was dismissed.

3. Briefly stated, facts, as noticed by learned Courts, are as below:

“2. Case of the plaintiff is that the defendant had entered into an agreement for sale of the land fully detailed and described in para no.1 of the plaint for a consideration of Rs. 5,08,000/- per acre vide duly executed an agreement for sale dated 30.6.2006 along with all rights appurtenant thereto such as bore and electric motor connection etc. It has been alleged that the defendant had received Rs. 4,50,000/- as earnest money from the plaintiff at the time of exe