GHANSHAM DASS Vs. PARKASH DEVI AND OTHERS

JUDGEMENT

(1.) This is an appeal by one of the two plaintiffs who had filed a suit seeking recovery of Rs.1,25,000/ - from the respondents -defendants, paid by the plaintiffs to the defendants, by way of earnest money/part consideration of the total consideration of Rs.3,80,000/ - per acre, pursuant to an agreement entered into by the parties, for the sale of land measuring 9 kanal 4 marlas, by the defendants to the plaintiffs, in Village Satrod, Tehsil and District, Hissar. The agreement was dated 3.12.1991 and the date fixed for registration of the sale deed was 31.3.1992.

(2.) The facts, taken from the judgments of the Courts below, as are not in dispute, are that the three defendants (one of whom is now represented by her LRs), had purchased the suit land vide registered sale deed dated 14.9.1990, (which is not an issue in dispute in any manner).

(3.) Pursuant to the agreement dated 3.12.1991, Rs.70,000 was paid by the plaintiffs on the said date itself and another sum of Rs.55,000/ - was paid on the next day, i.e. 4.12.1991, in the presence of witnesses, which again was not denied by the defendants.