- (1.) Heard Sri Rajiv Sharma, learned counsel for the appellants and Sri Sanjay Kumar Pundir, learned counsel for the respondents.
(2.) This appeal under Section 96 of the Code of Civil Procedure has been filed by the plaintiff Sushant Kumar and another against the judgment and and order dated 11th February, 2016 passed by the Additional District Judge, Court No.11, Saharanpur in Original Suit No. 346 of 2013 (Sushant Kumar & others vs. Rajeshwar & others).
(3.) The facts in short leading to the present appeal are as follows: An agreement to sell was executed by defendant nos. 1 to 3, namely, Rajeshwar, Umesh alias Chhota and Smt. Rammurti Devi in favour of Sushant Kumar and Rampal on 27th January, 2006. Under the agreement to sell, it was agreed that the defendants would sell their property in favour of the plaintiffs for a sum of Rs. 9,00,000/-. The plaintiffs paid a sum of Rs. 50,000/- and it was agreed that the balance amount of Rs. 8,50,000/- shall be paid at the time of registry of the sale-deed. The time limit fixed under the agreement to sell for execution of the sale-deed was one year. Since the defendants refused to execute the sale-deed, the plaintiffs instituted Original Suit No. 346 of 2013 with the following prayer: 590471-3;