L.N.MITTAL J. - (1.) This is second appeal by defendants No.1 to 6 having failed in both the Courts below.
(2.) The suit was filed by respondent No.1-plaintiff Inder Dass against the appellants and proforma respondent No. 2 as defendant No. 7 and against Raj Devi defendant No. 8 (since deceased and represented by defendants No.1 to 7).
(3.) The plaintiff-respondent No.1 sought specific performance of agreement to sell dated 06.04.1999 alleging that Ballu Ram, predecessor of the defendants, agreed to sell the suit land measuring 20 Kanals to the plaintiff and executed agreement dated 06.04.1999. Some earnest money was paid. Sale deed was to be executed upto 05.03.2000. However, on 03.03.2000, some further amount was paid and date of execution of the sale deed was extended from 05.03.2000 till 02.02.2001. Ballu Ram died on 24.06.2000. Plaintiff has always been ready and willing to perform his part of the contract, but the defendants, who are legal heirs of Ballu Ram failed to execute the necessary sale-deed in terms of the agreement. Notice dated 18.04.2011 was also served on the defendants, but to no avail, necessitating filing of the suit.;