IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH Date of decision: 13.05.2025 Charanjit Singh …Appellant Versus Mohinder Singh & Anr.

…Respondents CORAM :HON’BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ayush Gupta, Advocate for the appellant.

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DEEPAK GUPTA, J.

Based upon agreement to sell dated 09.06.2004, plaintiff Charanjit Singh (appellant herein) filed a suit seeking specific performance against defendant Mohinder Singh (respondent herein). The trial Court declined the relief for specific performance but decreed the suit for refund of earnest money of Rs.1,00,000/- along with interest vide judgment dated 10.12.2013. The appeal filed by the plaintiff was dismissed by the First Appellate Court on 23.10.2018, thus affirming the findings of the trial Court.

2. Against the aforesaid concurrent findings of facts, the present regular second appeal has been filed by the plaintiff.

3. As the paper-book reveals that execution of the agreement to sell dated 09.06.2004 is not in dispute, whereby defendant No.1 Mohinder Singh had agreed to sell 12 kanals 14 marlas of land @ Rs.2,25,000/- per bigha to the plaintiff after receiving the earnest money of Rs.1,00,000/-.

JITEN SHARMA 2025.05.15 10