JUDGMENT

Bhan, J.-The defendant/appellant (hereinafter referred to as "the appellant") entered into an agreement of sale with the plaintiff/respondents (hereinafter referred to as "the respondents") on 20.10.1994 for the sale of land measuring 15.125 cents owned by her at the rate of Rs. 3,15,000/- per cent for a total consideration of Rs. 44,66,385/-. The agreement was to be executed within a period of 3 months from the date of the execution of the agreement of sale. A sum of Rs. 10 Lakhs was paid by the respondents as advance/earnest money towards the sale consideration. As the appellant failed to execute the sale deed the respondents on 26.4.1995 filed a suit being O.S. No. 458 of 1995 in the Court of III Additional Sub-Judge, Ernakulam for specific performance of the agreement dated 20.10.1994. Appellant filed the written statement. The suit was decreed on 24.7.1997 in the following terms:

"1. That the defendants shall cause the plaint schedule property be sold in terms of Ext.A4 sale agreement dated 20.10.94 within three months from the plaintiffs depositing the balance sale consideration with the court after causing the property to be measured and satisfying the plaintiff about