A.S.BOPANNA,J. - (1.) Leave granted.
(2.) The appellant herein was the defendant No.2 in Case No.915 of 16.11.2004/17.04.2015. The respondent No.1 herein was the plaintiff in the suit. The respondent No.2 herein was the defendant No.1 therein. The parties will be referred to in the rank assigned to them in the suit for the purpose of convenience and clarity. The plaintiff instituted the suit seeking for decree of possession by way of specific performance of the Agreement of Sale dated 03.01.2004 executed by defendant No.1 in favour of the plaintiff agreeing to sell the land measuring 3 Kanals 4 Marlas comprised of Khewat No.36/35 Khatauni No.91, Rect. No.63 Killa No.2/2 (34), situated in village Dulla Singh Wala, Tehsil and District Ferozpur.
(3.) The case of the plaintiff was that the property was agreed to be sold for the total consideration of Rs.1,40,000/. Towards the said amount the plaintiff had paid the sum of Rs.69,500/ as earnest money. The plaintiff had further prayed in the suit to set aside the Sale Deed dated 11.06.2004 executed by the defendant No.1 in favour of the defendant No.2 since according to the plaintiff the same was null and void and did not bind the plaintiff. In the alternative, the plaintiff had sought for a decree to recover a sum of Rs.1,40,000/ of which Rs.69,500/ had been paid as earnest money while the remaining sum of Rs.70,500/ was sought as damages. The defendants at the first instance had failed to appear and contest the suit. Accordingly, the Trial Court by its judgment dated 14.06.2007 had decreed the suit.;