- (1.)Leave granted.
(2.)The respondent No. 1 instituted Civil Suit No. 78 of 2003 in the Court of the learned Additional Civil Judge (Senior Division), Patti, district Taran Taran, for specific performance of contract entered into between him and the appellant No. 1, the predecessor-in-interest of appellants Nos. 2 to 4 and the respondent No. 2 for sale of land admeasuring 28 K 12 M bearing khata Khatoni 330/1254, 1256, 331/1261 and Killa Nos. 34/25 (712), 40/1/1 (4-15), 10/2 min (0-8), 41/5 min (2-8) 6/1 (7-5) 15/1 (2-16), 34/162 (3-8), situated in village Talwandi Sobha Singh Tehsil Patti District Amritsar as per Jamabandi for the year 1997-98 at the rate of Rs.3,22,500/- per Killa which included all rights attached to the land.
(3.)It was averred in the plaint that the defendant in the Civil suit had received Rs.50,000/- on 7.2.2003 and a further sum of Rs. 50,000/- on 25.2.2003 as against the determined price of 3,22,500/- per killa as per the agreement. As stipulated in the agreement the balance amount was to be paid on 3.6.2013 at the time of execution and registration of sale deed before the sub Registrar, Patti. It was also recited in the agreement that the suit land was already mortgaged with the State Bank of Patiala and the defendants should clear the loan before execution of the sale deed in favour of plaintiff failing which the deposited amount would be forfeited. The plaintiff, as averred in the plaint, went to the office of the sub- Registrar but the defendants did not turn up. As there was breach of contract by the defendants, for they failed to execute and register the sale deed in favour of the plaintiff, he initiated the civil action for specific performance of contract or in the alternative for recovery of Rs.2,00,000/- as compensation.