HEMANT GUPTA,J - (1.) THE defendant is in first appeal aggrieved against the judgment and decree passed by the learned trial Court on 9.3.1979, whereby the suit for specific performance filed by the plaintiff-respondents, was decreed.
(2.) ORIGINALLY , the suit was filed by six plaintiffs to seek specific performance of an agreement to sale dated 3.12.1976 entered in favour of plaintiff Nos. 1 to 3 in respect of 1/2 share of the land measuring 59 kanals in the sum of Rs. 34,000/-. Plaintiff Nos. 4 to 6 relied upon another agreement for sale dated 7.12.1976 of the balance 1/2 share of the said land measuring 59 kanals for the sum of Rs. 34,000/-. The plaintiff Nos. 1 to 3 have withdrawn their suit in respect of the agreement dated 3.12.1976, therefore, the present suit for specific performance is confined to the agreement dated 7.12.1976. As per the case of the plaintiffs in a suit filed on 8.3.1977, the defendant agreed to sell land measuring 29 kanals 10 marlas i.e. 1/2 share of 59 kanals for Rs. 34,000/-. The defendant received Rs. 19,100/- at the time of execution of agreement. Since the land was mortgaged with one Jhanda for Rs. 29,800/-, the plaintiffs were to redeem the land after paying Rs. 12,900/- to Jhanda Singh. The balance consideration of Rs. 2,000/- was to be paid at the time of registration. The sale-deed was to be registered within one month of agreement and in case of default, the defendant was to pay Rs. 10,000/- as compensation. Since the defendant committed the breach of agreement, the plaintiffs filed the present suit for specific performance of agreement. The defendant denied the execution and receipt of any consideration of the agreement in his written statement dated 9.6.1977. It was further submitted that the defendant has not committed any breach of contract nor negotiated with anybody. On the basis of the pleadings of the parties, following issues were framed by the learned trial Court on 28.7.1978 :- "1. Whether the defendant had entered into agreement dated 2.12.1976 for sale of 1/2 share of the suit land in favour of plaintiff Nos. 1 to 3 for Rs. 34,000/- as alleged ? OPP 2. Whether the defendant had entered into agreement dated 7.12.1976, for the sale of 1/2 share of the suit land in favour of plaintiff Nos. 4 to 6, for Rs. 34,000/- as alleged ? OPP 3. Whether the plaintiffs have always been ready and willing to perform their part of the contract ? OPP
(3.) WHETHER the defendant have committed breach of agreement in dispute ? OPP;