RAM NIWAS & OTHERS Vs. SHARMILA & OTHERS

JUDGEMENT

(1.) Defendants No.6 and 7 and legal representatives of defendant No.8 have filed this second appeal.

(2.) Suit was filed by Dayanand-plaintiff No.1 (since deceased and represented by respondents No.1 to 3 as legal representatives) and by Ashok Kumar plaintiff No.2 (respondent No.4) alleging that defendants No.1 to 3 (respondents No.5 to 7) agreed to sell the suit land measuring 4 kanals to plaintiffs and proforma defendant No.4 (since deceased an represented by respondents No.8 to 11 as legal representatives) and proforma defendant No.5 (respondent No.12) for Rs. 1,02,000/- and received Rs. 64,000/- as earnest money and executed agreement dated 26.08.1998. Sale deed was to be executed upto 26.10.1998. The plaintiffs and proforma defendants always remained ready and willing to perform their part of the contract and also attended the office of Sub-Registrar on 26.10.1998 to get the sale deed executed in terms of the agreement but defendants No.1 to 3 (vendors) did not turn up and committed breach of the agreement. Accordingly the plaintiffs sought specific performance of the impugned agreement.

(3.) Defendants No.1 to 3 in their written statement disclosed that they had sold the suit land to defendants No.6 to 8 vide sale deed dated 29.10.1998.