1. Challenge in this Second Appeal is to the judgment and order dated 26.5.2018 passed by the Additional District Judge, Court No. 1, Kairana, Muzaffar Nagar, in Civil Appeal No. 123 of 2015, Sanjeev Vs. Surendra Singh, arising out the judgment and order dated 28.10.2015 passed by the learned Civil Judge (Senior Division), Kairana, in Original Suit No. 96 of 2009, Surendra Singh Vs. Sanjeev, whereby the learned lower appellate court has partly allowed the appeal.

2. Heard learned counsel for the appellant on the point of admission and perused the record.

3. The brief facts giving rise to this appeal are that the appellant was the plaintiff in Original Suit No. 96 of 2009 filed for specific performance of contract. According to the plaint averments, the defendant-respondent had entered into an agreement to sell the dispute land i.e. plot no. 2477 measuring 0.803 hectare to the plaintiff-appellant for a consideration of Rs. 1,50,000/-out of which Rs. 1,00,000/-was paid as earnest money and the remaining amount of Rs.50,000/-was to be paid on 25.11.2008, at the time of execution of the sale deed. The agreement to sell was registered on 26.5.2008. It was further averred by the