G.C. Mittal, J. - (1.) On 31st October, 1969, Mohinder Singh and others executed an agreement to sell 72 Kanals 16 Marlas of land for Rs. one lac to Paramjit and others. Rs. 28,190/ - is alleged to have been paid as earnest money and Rs. 17,210/ - was to be paid, at the time of registration. The land was under mortgage with father of the proposed vendees, and the balance amount which was left with them to be paid to the mortgagee. The sale was to be completed by 25th Har, 2027, BK, (1970). On 31st July, 1970, the proposed vendees (hereinafter called the plaintiffs) gave notice to the proposed vendors (hereinafter called the defendants). The notice was refused. On 7th October, 1970, a suit for specific performance of contract was filed. The suit was contested and it was pleaded that one of the plaintiffs was a minor and, therefore, the contract was void and that defendants were ready and willing to perform their part of the contract whereas the plaintiffs were not.
(2.) On the contest of the parties, the following issues were framed : - - 1. Whether defendant Nos. 1, 2 and 3 executed the agreement of sale dated 31st October, 1969 for the sale of the suit land in favour of the plaintiffs ? OPP 2. Whether the defendants were paid an amount of Rs. 28,190/ - as earnest money under the agreement of sale in dispute, if so its effect ? OPP
(3.) Whether the plaintiffs have been ready and are willing to perform their own part of the contract ? OPP;