IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Regular Second Appeal No.2542 of 2011

Date of decision: 15^th July, 2011

Kavi Raj and another

… Appellants

Versus

Gurbachan Singh

… Respondent

CORAM:

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:

Mr. Munish Gupta, Advocate for the appellants.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Present regular second appeal has been instituted by

defendants to the suit, having failed before the trial Court and the lower

appellate Court. In this appeal decree of the trial Court is assailed

whereby respondent-plaintiff has been held entitled to recover

Rs.1,00,000/- as earnest money along with interest at the rate of 6

percent per annum.

It is not disputed that an agreement to sell Ex.P2 was entered

into between the respondent-plaintiff and the appellants-defendants. It is

the case of the respondent-plaintiff that at the time of execution of the

agreement to sell, Kavi Raj-appellant No.1 (defendant No.1 to the suit)

had assured the respondent-plaintiff that complete and full land (2 kanals

in measurement) will be conveyed to the respondent-plaintiff having an

approach and a rasta. After the executio