JUDGMENT

Harkesh Manuja, J. - The appellant-defendant (appellant herein) is in Regular Second Appeal against the judgment and decree dated 01.11.2014 passed by learned Additional District Judge, Nuh, whereby, an appeal filed against judgment and decree dated 28.02.2014 passed by learned Civil Judge (Senior Division), Mewat, dismissing the suit for specific performance filed at the instance of respondent-plaintiff, has been allowed.

2. Facts leading to the present appeal are that the respondent plaintiff (respondent herein) filed a suit for possession by way of specific performance with the averments that an agreement to sell dated 30.10.2009 was executed between the parties regarding the suit land measuring 5 kanals. It has been stated in the plaint that the total sale consideration was Rs.25 lakhs, out of which, an amount of Rs.8,50,000/-was paid as earnest money and remaining sale consideration of Rs.16,50,000/- was agreed to be paid at the time of registration of sale deed i.e. 15.09.2010. It has been further stated that on 14.09.2010 i.e. one day prior to the target date, the respondent-plaintiff approached appellant defendant for execution of sale deed on 15.09.2010, however, th