SHEKHER DHAWAN,J. - (1.) This order of mine shall dispose of two regular second appeals i.e. Regular Second Appeal No. 39 of 201, filed by Paramjit Singh, plaintiff/appellant and Regular Second Appeal No. 496 of 2012, filed by Ishar Singh, defendant/appellant as both the appeals have arisen out of common judgment & decree dated 28.9.2011, passed by learned District Judge, Patiala. For the purpose of adjudication, facts are being taken from Regular Second Appeal No. 39 of 2012.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case that plaintiff Paramjit Singh had filed a suit for specific performance of agreement of sale of suit land dated 13.6.2000 (Ex.P2) and the Court of first instance dismissed the suit on the ground that plaintiff was not ready and willing to perform his part of the agreement. Plaintiff preferred appeal against the said judgment and the Court of first appeal partly accepted the appeal, thereby setting aside the judgment & decree dated 10.8.2007, passed by the Court of first instance and suit of the plaintiff was decreed partly for refund of L 2,00,000/- along with interest at the rate of 9% per annum from the date of advancement of earnest money i.e. 13.6.2000 till realisation of the amount with proportionate costs. Being aggrieved by this judgment, two separate appeals have been filed i.e. one by plaintiff/appellant-Paramjit Singh (Regular Second Appeal No. 39 of 2012) and another by the defendant/appellant-Ishar Singh (Regular Second Appeal No. 496 of 2012).;