Vinod K. Sharma, J.— C.M. No. 5387-C of 2009 Dismissed as withdrawn.

R.S.A. No. 483 of 1991

This regular second appeal is directed against the judgment and decree passed by the learned Courts below, decreeing the suit for specific performance.

2. The plaintiff/respondent No.1 brought a suit for possession by specific performance of agreement to sell dated 23.01.1980. The agreement was said to have been executed by the respondent/plaintiff through her husband Jagdish Chander, earnest money of Rs. 2500/- was paid to defendant No.1. The agreement was said to have been duly signed by defendant No.1 in the presence of witnesses, which was got attested from the Notary Public, Karnal.

3. According to the terms and conditions of the agreement, the sale deed was to be registered on 28.01.1980. On the date fixed, the husband of the respondent/plaintiff came to Karnal along with sale consideration in the office of the Sub Registrar, for getting the sale deed executed and registered. But, defendant No.1 did not turn up. The plaintiff’s husband got his presence duly marked with the Sub Registrar. It was alleged that defendant No.1 also got his presence noted on the said date secretly. It