IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

219 RSA-3468-2014(O&M)

Date of decision: 07.04.2026 Deepak ...Appellant(s)

Vs.

Dharambir & Others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Surender Lamba, Advocate for the appellant.

Mr. Sumit Gupta, Advocate for the respondents.

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NIDHI GUPTA, J.

The plaintiff is in second appeal against the concurrent judgments and decrees of the learned District Courts whereby suit filed by the appellant for possession by way of specific performance was partly decreed by the learned trial Court for recovery of earnest amount; and Civil Appeal there-

against has been dismissed.

2. Brief facts of the case are that the plaintiff had filed the present suit for possession by way of specific performance of Agreement to Sell dated 25.09.2006. And in the alternative prayer was made for refund of earnest amount of ₹3 lakhs. It was pleaded in the plaint that defendant No.1 is owner in possession of 1/12^th share in the agricultural land total measuring 102 kanal

122 marla. It was alleged that defendant No.1 had entered into Agreement to Sell dated 25.09.2006 for total sale consideration of Rs.7,50,000/-. It is further alleged that de