JUDGMENT :

Surya Kant, J.

1. Leave Granted.

2. The present appeal is directed against the judgment dated 15.05.2019 passed by the High Court of Punjab and Haryana whereby a second appeal preferred by the Appellants was dismissed and judgment and decree of the Trial Court as well as the First Appellate Court were affirmed. The decree entitled the Respondent for the recovery of earnest money, which constituted of partly paid sale consideration in lieu of the concerned agreements to sale along with requisite interest. The factual matrix is succinctly discussed before delving into the issue of law regarding breach of contractual terms which requires adjudication before us.

A. FACTS

3. The subject matter of the original suit was a property measuring 23 Kanals 4 Marlas bearing Khewat No. 226, Khatoni No. 225, Rect. No. 27, Kila No 3 min (29), 4 min (415), 7(80), 14(40) situated in the revenue estate of Village Tigra, Tehsil and District Gurgaon (hereinafter, ‘Concerned Property’) which the Appellants jointly owned to the extent of their respective shares.

4. Two separate agreements to sell were entered between the present parties for the Concerned Property on 17.02.2004 (hereinafter, ‘Sale Agr