IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Date of Decision:03.12.2010 1. R.S.A.No.2389 of 1985 Hanif .....Appellant Vs. Yasin .....Respondent 2. R.S.A.No.2287 of 1985 Yasin .....Appellant Vs. Hanif .....Respondent CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG Present:- None. **** RAKESH KUMAR GARG, J. (Oral) Vide judgment and decree dated 21.11.1983, suit for possession by way of specific performance of the agreement dated 25.10.1977 was decreed regarding the suit land on payment of Rs.4,000/- i.e., remaining sale consideration in favour of the plaintiff and the defendant was directed to execute the sale deed in favour of the plaintiff upto 21.1.1984. However, on an appeal filed by the defendant- appellant, the lower appellate court vide its judgment and decree dated 5.4.1985 while upholding the execution of the agreement in question further held that the plaintiff- respondent was not entitled to the relief of specific performance of contract. Resultantly, the appeal was accepted by the lower appellate court and judgment and R.S.A.No.2389 of 1985 -2- decree of the trial court was reversed holding that the plaintiff was entitled to the refund of earnest money of Rs.4,000/- paid by him along with interest at the rate of 10% from the date of payment till its realisation. Aggrieved from the aforesaid judgment and decree of the lower appellate court, defendant has filed R.S.A. No.2389 of 1985. It may also be noticed that the plaintiff has also filed an appeal i.e. R.S.A. No.2287 of 1985 challenging judgment and decree passed by the lower appellate court claiming the decree for specific performance of the contract. However, no one is present on behalf of the parties to assist this Court. Even no substantial question of law said to be arising in this appeal has been framed and placed on record of the case. Thus both the appeals are dismissed in default. December 03, 2010 ( RAKESH KUMAR GARG ) renu JUDGE