IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 09.04.2026 Tek Chand ...Appellant(s)

Vs.

Krishan Kumar and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. D.S.Matya, Advocate for the appellant.

Mr. G.S.Ghuman, Advocate for respondents No.1 and 2.

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NIDHI GUPTA, J.

Plaintiff is in second appeal against the concurrent judgments and decrees of the District Courts, whereby suit filed by the appellant for possession by way of specific performance of Agreement to Sell dated 08.01.2004, has been partly decreed by both the District Courts for recovery of Rs.1,08,900/- alongwith interest @ 12% per annum thereupon.

2. It is inter alia submitted by learned counsel for the appellant that defendants are the owners in possession of the suit property. Vide Agreement to Sell dated 08.01.2004, defendants No.1 and 2 had agreed to sell the plot in question to the plaintiff for a total sale consideration of Rs.9,36,468/-. The amount of Rs.90,000/- paid in cash was received by defendants No.1 and 2 by way of earnest money. Target date for execution of Sale Deed was set for 03.03.2004. It is submitted that the appellant had duly proved on record the said A