RSA No. 2163 of 2007 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH -.- RSA No. 2163 of 2007 Date of decision: 05.02.2008 Randhir Dutt ...Appellant Versus Basta Singh ...Respondent Coram: Hon'ble Mrs. Justice Nirmal Yadav -.- Present : Mr. N K Verma, Advocate for the Appellant -.- Nirmal Yadav, J. (Oral) This is plaintiff's regular second appeal against the judgment and decree dated 13.01.2007 passed by the learned District Judge, Fatehgarh Sahib, whereby, the judgment and decree dated 16.10.2006 passed by learned Civil Judge, Fatehgarh Sahib, has been modified. Learned counsel for the appellant contended that it has been well proved on record that the agreement to sell was executed between the parties and, therefore, the learned trial Court had rightly awarded double the amount of the earnest money. On a careful consideration of the facts and evidence on record, it is well proved that there was no intention to act upon the agreement to sell. it was merely to secure the loan transaction and the parties had no intention to sell or purchase the suit property. As such, the 1st Appellate Court has rightly decreed the suit of the plaintiff while modifying the judgment and RSA No. 2163 of 2007 2 decree of the trial Court, to the extent of recovery of Rs.40,000/- from the defendant. In view of the above, nothing has been shown to take a view contrary to that of 1st Appellate Court, while modifying the judgment and decree of the learned trial Court. No question of law, much less any substantial question of law arises for consideration in the appeal. Accordingly, the present appeal is dismissed. (Nirmal Yadav) Judge February 05, 2008 mohan