- (1.) The present special appeal, filed under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the judgment dated 08.07.1997 passed in S.B. Civil Regular First Appeal No.48/1981, by which, the learned Single Judge allowed the appeal filed by the respondents herein and the suit filed by the appellants-plaintiffs was dismissed.
(2.) A suit for specific performance of agreement to sell dated 23.01.1971 relating to land comprised in Chak 22 P.T.P. 'B' admeasuring 3 bighas 19 biswas was filed by Lalu Ram S/o Shri Uda Ram (since deceased) against Hari Singh, Makhan Singh and Dilip Singh all sons of Shri Prem Singh (Hari Singh and Dilip Singh since deceased).
(3.) The suit was resisted by the respondents-defendants and after trial, the trial court by its judgment and decree dated 06.02.1981 decreed the suit against the defendants for specific performance and directed the plaintiff to pay the balance consideration of Rs.2,500/- to the defendants within a period of two months and further directed the defendants to execute sale deed in favour of the plaintiff at plaintiff's expense. In default it was directed that the sale deed would be executed and registered by the Court at the expense of the plaintiff.;