Judgment

DUA, J. :- By means of an agreement dated August 9, 1963, the appellant-company agreed to purchase from the respondents, land measuring 264 Kanals and 12 Marlas. A sum of Rs.1,87,000/- was paid as earnest money. The sale deed was to be registered by April 30, 1964. As it was not so registered, both parties blamed each other for the breach. In May, 1966 the Government issued a notification under Section 4 of the Land Acquisition Act which was followed by a notification under Section 6 in September 1966 acquiring 104 kanals and 18 marlas of land out of the land agreed to be sold. The Collector made an award of the compensation for the acquired land, against which a reference was made to the Court of the District Judge. In May, 1968 the compensation was enhanced to a sum over Rs. 2 lakhs. In the meantime on April 15, 1967, the appellant-company instituted a suit for specific performance of the agreement dated August 9, 1963. This suit was dismissed by the Court of the Senior Subordinate Judge, Gurgaon on August 13, 1968. A Regular First Appeal (No. 216 of 1968) against the dismissal of the suit is pending in the Punjab and Haryana High Court.

2. It appears that the dispute as t