JUDGMENT

R.V. Raveendran, J.

1. Leave granted. For convenience parties will also be referred by their ranks in the suit or by name.

2. The Appellants - two brothers, are the co-owners with equal shares, in lands measuring in all 98 Kanals and 19 marlas situated in village Udana, Tehsil Indri, District Karnal. They entered into an agreement to sell the said lands to the sons of Furu Ram and Kalu Ram (brothers) the respective first Respondent in these two appeals, on 18.10.1991 for a consideration of Rs. 14,22,000/- and received Rs. 1,00,000 as earnest money. As per the terms of the agreement, the balance was to be paid by the purchasers at the time of registration of the sale deed and the sale was to be completed by 31.1.1992.

The case of Appellants (Ramesh Kumar & Naresh Kumar)

3. The Respondents were not in a position to pay the balance of the sale consideration and therefore failed to get the sale completed by 31.1.1992. The Respondents requested for refund of the earnest money of Rs. 100,000/-. The Appellants were not willing to return the earnest money in view of the breach by the Respondents. There was a panchayat in that behalf wherein it was decided that the Appellants should per