VIRINDER AGGARWAL,J

1. The present Regular Second Appeal has been preferred by the appellant/defendant No.3 against the judgment and decree dated 08.10.1996 passed by the learned Additional District Judge, Amritsar, whereby the first appeal filed by the appellant/defendant was dismissed, and the judgment and decree dated 22.02.1994 passed by the learned Additional Senior Sub Judge, Ajnala, has been upheld whereby the suit for specific performance filed by the plaintiff-respondent has been decreed.

BACKGROUND FACTS

2. The plaintiff/respondent no.1 instituted a suit for possession by way of specific performance on the basis of an agreement to sell dated 03.06.1991 (Ex.P1) executed by defendants No.1 and 2 in respect of land measuring 38 kanals 17 marlas. An amount of Rs.1,11,500/- was paid as earnest money. It was further stipulated therein that the sale deed was to be executed on “15th Maghar, 1991 Bikrami. Further, it was pleaded that defendant No.2 honoured the agreement by executing a sale deed qua his share and therefore did not contested the suit, whereas defendant No.1 failed to perform his obligation and, during pendency of the suit, alienated the property in favour of