Judgment

KAILASAM, J: - This appeal is by the plaintiff by special leave granted by this Court against the judgement and decree dated 9-2-1968 passed by the Division Bench of the Madhya Pradesh High Court in first appeal No. 2I of 1966* dismissing the suit for specific performance. The plaintiffs 1 and 2 who were minors entered into an agreement on .30-9-1961 through their mother and guardian Smt. Phoolibai with the respondent to purchase a house situated in Thandi Sarak for a sum of Rs. 11,000/-. A sum of Rupees 1000/- was paid as earnest money and the balance was to be paid at the time of the registration of the saledeed. According to the plaintiffs/appellants, the respondent did not carry out their part of the agreement and the appellants filed the present suit for specific performance of the contract on 28-3-1962 in the Court of Additional District Judge, Gwalior. The suit -was decreed on 15-4-1966. The plaintiffs deposited Rs. 10,500/- the balance of the price on 13-7-1966. The respondent appealed to the High Court against the judgement and decree of the trial court which allowed the appeal and dismissed the suit.

* Reported in AIR 1968 Madh. Pra.. 150

2. The High Court agreed wi