Mahesh Grover, J. - (1.) This is the plaintiffs' appeal against the judgments and decrees of the Courts below by which their suit for possession by way of specific performance of an agreement to sell was dismissed.
(2.) The appellants filed a suit alleging that one Balwinder Singh, who was impleaded as defendant no.1, was the owner of the house in dispute and he had executed an agreement to sell the same in their favour and in favour of Surinder Singh (impleaded as defendant no. 4 in the suit) on 26.3.1993 for a consideration of Rs. 40,000/-. Rs. 19000/- were paid as earnest money and it was stipulated that the sale deed would be executed on 1.2.1995 and the remaining sale consideration of Rs. 21000/- was to be paid at that time. The case of the appellants was that they came to know that said Balwinder Singh was going to execute a sale deed in favour of Sukhjit Singh and Daljit Singh sons of Gurbax Singh, who are now arrayed as respondent nos. 3 and 4 in respect of the house in question. The appellants and the said Surinder Singh requested Balwinder Singh not to execute the sale deed and that they were ready and willing to perform their part of contract, but on 12.7.1993, the sale deed was executed in favour of respondent nos. 3 and 4. It was further contended that the vendees had the knowledge of the prior agreement to sell. It was, thus, prayed that the sale deed be set aside and agreement dated 26.3.1993 be enforced.
(3.) Balwinder Singh, the executor of the agreement to sell, had, in the meanwhile died and his legal representatives admitted that an agreement had been executed, but pleaded that a money decree be passed instead of the suit for possession or direction for execution of the sale deed.;