ONKAR NATH Vs. BASHEER

JUDGEMENT

(1.) This revision petition has been filed by the defendants against the order of the Subordinate Judge 1st Class, Ajnala dt. 23rd Sept. 1977.

(2.) Briefly the facts are that the defendant-petitioners were the owners of the land in dispute. They entered into agreement dated 8th Feb., 1974 with the plaintiff-respondents for sale of the land for a consideration of Rs.20,400/-. They received an amount of Rs.3,000/- as earnest money at the time of agreement. The sale deed was to be executed on or before 10th December. 1974. The balance amount of Rs.17,400/- was to be paid to them at the time of the execution of the sale deed. The sale deed was not executed according to the agreement. Consequently the plaintiffs instituted a suit for possession through specific performance on payment of Rs.17,400/-. It was contested by the petitioners inter alia on the ground that the plaintiffs were responsible for breach of the agreement.

(3.) The trial Court did not accept the version of the defendants and decreed the suit in favour of the plaintiffs on 9th Nov., 1976. It was provided in the decree that the defendants would execute the sale deed within a period of one month in accordance with the agreement on receipt of the balance consideration of Rs.17,400/- and that the plaintiffs would be entitled to the costs of the suit which could be adjusted in the sale consideration to be paid at the time of the execution of the sale deed.