(1.) The defendants 1 and 2 who are father and son respectively, are the appellants. The suit was filed by the plaintiff the respondent herein, for recovery of a sum of Rs. 6,825 due towards earnest money and damages.
(2.) The relevant facts are as follows :- The defendants 1 and 2 for themselves, and on behalf of Rajyalakshmi, the wife of the first defendant and the mother of the second defendant, agreed to sell the suit land of an extent of Ac. 4-07 cents, to the plaintiff under an agreement of sale Exhibit A dated 24th November, 1968, at the rate of Rs. 15,000 per acre. The suit property consists of three items, item (1) Ac. 2-00, item (2) Ac.1-32 cents, and item (3) 0-75 cents. An advance of Rs. 5,000 was paid on the date of the execution of Exhibit A-1. According to the plaintiff, the defendants had to produce the title deeds within one month and satisfy the plaintiff, with regard to their title, and on payment of the balance of sale consideration by the plaintiff, the defendants should execute and register a sale-deed in favour of the plaintiff. The defendants did not satisfy the plaintiff that they had marketable title to the items agreed to be sold and therefore the plaintiff issued a notice Exhibit B-6 on 22nd June, 1969 cancelling the agreement of sale and demanding return of the earnest money with interest, and also damages of Rs. 1,000 towards loss of bargain and other incidental expenses.
(3.) The 1st defendant repudiated the claim of the plaintiff by the reply notice Exhibit A-2 dated 4th March, 1969. The plaintiff replied to the same by his notice Exhibit B-7 dated 17th March, 1969, and thereafter filed the suit for the recovery of the suit amount as aforesaid.