JUDGMENT :

Ashok Bhushan, J.

Leave granted.

2. This appeal has been filed by the plaintiff through legal heirs questioning the judgment of the High Court of Himachal Pradesh in Regular Second Appeal No.117 of 2002 which appeal was filed by respondent No.1 (defendant No.6 in the suit). The High Court by the impugned judgment has modified the decree of specific performance of contract granted by two courts below into a decree ordering respondent Nos.2 to 6 to pay a sum of Rs. 90,000/- with interest @ 9% per annum from the date of filing of the suit.

3. The brief facts of the case which are necessary to notice for deciding the appeal are:

Respondent Nos.2 to 6 executed an agreement to sell dated 19.04.1989 in favour of Krishan Lal, the predecessor-in-interest of the appellants for sale of their 5/16th share in Khasra Nos.430 and 431 equal to 02257 hectares for consideration of Rs. 90,000/-. Respondent Nos.2 to 6 received full consideration of Rs. 90,000/- and handed over possession to the plaintiff. The plaintiff after getting possession constructed three shops in the suit land. Respondent Nos.2 to 6 executed a gift deed in favour of respondent No.1 of the suit land on 08.07.1991. When in