ORDER :

Leave granted.

2. Heard learned senior counsel for the parties.

3. The defendants (the appellants-herein) are before us having succeeded before the trial court and in the first appellate court. The High Court has unfortunately invented a new method of decreeing the suit for specific performance in part only in respect to the payment of the earnest money of Rs.50,000/- (Rupees Fifty Thousand Only) and advance money of Rs.14,50,000/- (Rupees Fourteen Lakhs and Fifty Thousand Only) without reversing the findings of the trial court as well as that of the first appellate court on the vital aspects that the plaintiffs (respondents-herein) were not ready and willing to perform their part of the contract apart from that they did not had the balance consideration to purchase the disputed land within the time stipulated in the agreement.

4. The facts unfold that initially an agreement dated 13.01.1990 was entered into, in which it was agreed that for the sum of Rs.55,00,000/- (Rupees Fifty Five Lakhs only), defendants would sell the property in area 10.75 acres situated at village Mehmoodpura, Tehsil and District Ludhiana, State of Punjab, and on that day a sum of Rs.50,000/- (Rupees Fif