IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 20.01.2026 Satish Bansal and another ...Appellant(s)

Vs.

Suresh ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Akash Yadav, Advocate for the appellants.

Mr. J.L.Malhotra, Advocate for the respondent.

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NIDHI GUPTA, J.

Present Second Appeal has been filed by the plaintiffs;

whereby suit filed by the appellants for possession by way of specific performance of the Agreement to Sell dated 02.09.2005 was although decreed by the learned Trial Court for specific performance; however the first appeal filed by the defendant/respondent was partly decreed by the learned First Appellate Court directing the defendant to return the earnest amount of Rs.5 lacs alongwith interest of 7%.

2. Brief facts of the case as pleaded in the plaint are that the defendant was owner in possession of agricultural land measuring 24K. Vide Agreement to Sell dated 02.09.2005, defendant had agreed to sell the suit land to the plaintiff for a total sale consideration of Rs.21,15,000/-. Rs.5 lacs was received by the defendant as earnest money vide Receipt dated 02.09.2005. The target date for execution of Sale Deed was set for 02