Jaswant Singh.J. - (1.) Defendants/appellants are in second appeal against the judgements and decrees passed by the courts below, whereby the suit for specific performance filed by the plaintiff/respondent no.1-Munni Devi was decreed by the trial court and the appeal filed by the defendants/appellants was dismissed by the appellate Court.
(2.) Facts necessary for the decision of the present second appeal are that plaintiff/ respondent no.1 Munni Devi instituted a suit for specific performance against the defendants/appellants (being the LRs of one Mahender Kaur). Mahender Kaur was allegedly owner in possession of two plots bearing No.A-80 and A-81. She entered into an agreement to sell dated 14.6.2004 with respondent no.1-Munni Devi in respect of plot No.A-80 for a sale consideration of Rs. 1,65,000/-, out of which she received a sum of Rs. 10,000/- vide receipt dated 14.6.2004 and the remaining sale consideration was to be paid at the time of execution and registration of the sale deed on or before 25.8.2004. However, it transpires that said Mahender Kaur expired on 3.8.2004 and since appellants/defendants being the LRs of Mahender Kaur, despite legal notice dated 13.12.2005 (P4) did not perform their part of the agreement, the respondent no.1-Munni Devi filed the suit for specific performance.
(3.) Upon notice, appellants/defendants filed written statement denying the execution of agreement to sell/receipt dated 14.6.2004, thus contending that they were not bound by the terms and conditions of the alleged agreement dated 14.6.2004.;