RFA No.1926 of 2011(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... RFA No.1926 of 2011(O&M) Decided on : July 11, 2011 Aash Mohammad ... Appellant VERSUS Smt.Somti ... Respondent CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR GARG Present: Mr.Rajesh Lamba, Advocate for the appellant. RAKESH KUMAR GARG, J.- (Oral) The appellant Aash Mohammad has filed this appeal challenging the order dated 18.1.2011 passed by the Reference Court, whereby, his application for apportionment of compensation has been rejected. Counsel for the appellant has contended that on the basis of the agreement to sell dated 27.9.2005, the appellant has become owner of the suit property and, therefore, he was entitled for apportionment and, thus, the impugned order directing simple refund of the earnest money of Rs.20,000/- was bad in law in view of the fact that the suit (civil suit No.18 dated 7.1.2006) for determination of his rights is already pending before the Court of Additional Civil Judge (Sr.Divn.) Nuh. RFA No.1926 of 2011(O&M) [ 2 ] Admittedly, the agreement to sell in question is not a document of title. May be on the basis of the aforesaid document, the appellant is entitled to seek determination of his rights against the respondent by way of the suit pending between the parties, but on the basis of the said agreement, which has become unenforceable by operation of law, he cannot claim title in the suit property and consequently, the apportionment in the compensation. In view of the aforesaid, finding no merit in the petition, the same is hereby dismissed. July 11, 2011 ( RAKESH KUMAR GARG ) `gian' JUDGE