Judgment

SAWANT, J.:- The admitted facts are that respondent Harjinder Singh and his sister Bibi Nasib Kaur owned some properties, namely, (i) two pieces of land in village Dhora measuring 26 kanals and six marlas, and 33 kanals respectively; (ii) a vacant site in village Bighan measuring one kanal; (iii) a kachcha house in village Urapur; and (iv) a Bara in village Urapur measuring about 8 marlas. There is no dispute that the respondent and his sister had each half share in all the said properties. The respondent for himself and on behalf of his sister entered into a written agreement with the appellant Kartar Singh on February 28, 1965, for the sale of all the said properties for a consideration of Rs. 20,000/ -. He received a sum of Rs. 2,000/- as earnest amount and agreed to execute the sale-deed and get the same registered between May 15 and July 15, 1965. It was specifically mentioned in the agreement that he had agreed to sell not only his entire share in the property but also that of his sister, and that he would be responsible for getting the sale-deed executed from his sister. The agreement also provided that in case the respondent failed to execute the sale-deed a!; stipu