Judgment

E. S. VENKATARAMIAH, J. :- Sardar Mela Singh and Sardar Hari Singh were brothers. They jointly owned an Ice Factory At Rawalpindi which was known as Sat Kartar Ice Factory. They entered into an agreement on Aug. 6,1947 with one Saghir Ahmed, who was a resident of Delhi, to sell in his favour one-half of their interest in the said Ice Factory for a sum of Rs. 90,000/- and received Rs. 5,000/- by way of advance. Saghir Ahmed agreed to pay the balance of Rs. 85,000/- and to complete the sale transaction within a month but he failed to do so. Saghir Ahmed having left India became an evacuee. Sardar Mela Singh and Sardar Hari Singh anticipating that Saghir Ahmed was likely to get possession of the Ice Factory on the basis of the agreement to sell executed in his favour instituted a suit in forma pauperis on Oct. 1, 1947 in Suit No. 3 of 1947 on the file of the Senior Sub-Judge at Delhi for specific performance of the agreement to sell and inter alia prayed for a decree for a sum of Rs. 85,000/- which was the balance of the consideration payable under the agreement to sell referred to above and for Rs. 5,000/- as compensation for the loss caused by Saghir Ahmed in not completing