ORDER

1. Leave granted.

2. Hukam Chand, the father of the respondents executed a registered agreement with the plaintiff-appellant to sell agricultural land for a sum of Rs 2,90,000 on 3-11-1988. Subsequently on 1-1-1993 Hukam Chand died. It is alleged that after the death of Hukam Chand, his sons who are the respondents herein refused to execute the sale deed in pursuance of agreement for sale. It is alleged that under such circumstances the plaintiff-

b appellant filed a suit for specific performance of agreement for sale before the Civil Judge, Kairana, Muzaffarnagar. The said suit was numbered as Suit No. 38 of 1993. The respondents also filed a suit for cancellation of registered agreement dated 3-11-1988 and the said suit was numbered as Suit No. 63 of 1993 before the Civil Judge, Kairana, Muzaffarnagar. Both the suits were consolidated and tried together. The Civil Judge partly decreed the suit of the plaintiff-appellant by granting alternative relief claimed by the plaintiff-appellant for refund of Rs 2,40,000 with interest. The relief for specific performance of the agreement for sale was refused. The suit filed by the respondent was also dismissed. The respondents herein