DIBBAN Vs. SURESH CHAND

JUDGEMENT

(1.) BY this order, I dispose of two RSAs No. 1029 and 1030, of 2000, as both of them have arisen from judgment and decree dated 15.12.1999, passed by the Addl. Distt. Judge, Faridabad, who dismissed the two appeals of the appellants.

(2.) SOME facts can be noticed in the following manner :-

(3.) THE case set up by Suresh Chand was that Dibban and Heta, appellants, were owners of land measuring 40 kanals 7 marlas, situated in the revenue estate of village Kanwarka. They appointed Babloo as their general power of attorney vide General Power of Attorney dated 12.9.1990, Ex. PW-4/2 authorising Babloo to alienate the suit land in any manner whatsoever. The said Power of Attorney was got registered with the Sub Registrar, Palwal. Babloo acting as Attorney of the appellants entered into an agreement of sale dated 21.9.1990, Ex. P-1, and vide this agreement the land subject matter of the suit was agreed to be sold for a sum of Rs. 1,20,000/- and Babloo also received Rs. 1 lac as earnest money and the remaining Rs. 20,000/- were to be paid to the vendee before the Sub Registrar on or before the date of sale, which was fixed as 12.10.1990. According to Suresh Chand, he was ready and willing to perform his part of the agreement. He went to the office of Sub Registrar, Hodal, with the balance sale consideration but neither the vendors nor their Attorney turned up and in this manner, the defendants failed to perform their part of the agreement.