K.C.GUPTA, J. - (1.) THIS regular second appeal is directed by the plaintiffs against the judgment and decree dated 13.11.1980 passed by the Addl. District Judge, Sangrur whereby he accepted the appeal and set aside the judgement and decree dated 15.6.1978 passed by the Senior Subordinate Judge, Sangrur in a suit for specific performance of contract of sale dated 7.1.1974 and passed a decree only for the recovery of Rs. 7,000/- with costs against Shisha Singh, respondent No. 1 (defendant No. 1). However, their suit for specific performance of agreement for sale was dismissed.
(2.) BRIEFLY stated the facts are that Shisha Singh, respondent No. 1, Vir Kaur widow of Ujagar Singh, respondent No. 2 and Piara Singh, respondent No. 3 were owners in possession in equal shares of the land measuring 88 kanals 9 marlas situate in village Rogla District Sangrur. Shisha Singh, respondent No. 1 was in possession as a co-sharer of land measuring 16 kanals comprised in Killa No. 111/15(8-0) and 111/16(8-0) according to the Jamabandi for the year 1972-73. He had mortgaged the aforesaid land (suit land) being co-sharer in possession in favour of Ram Kalan son of Sukh Ram father of the appellants for Rs. 5,000/- on 18.6.1968 vide mortgage deed Ex. PW 9/A. He had created additional mortgage on the aforesaid land on 20.6.1972 after the receipt of Rs. 3,000/- more. In this way, the mortgagee amount was Rs. 8,000/-.
(3.) IT was next averred that respondent No. 1 Shisha Singh on 7.1.1974 entered into an agreement to sell Ex.P1 in respect of the aforesaid land with the appellants for Rs. 12,000/- and received Rs. 1,000/- as earnest money. He promised to execute the sale deed after receiving the balance amount of Rs. 3,000/- by 25.6.1974. In the alternative, he agreed that in case he was unable to execute the sale deed by the aforesaid date, then he would pay Rs. 3,000/- as compensation besides returning the amount of Rs. 9,000/-.;