JUDGMENT :

DEEPAK GUPTA, J.

One Leeladhar, the original appellant herein, entered into an agreement to sell 18 bighas of land for a sum of Rs.40,000/- with Deshraj, father of the plaintiffs-respondents herein on 15.02.1985. Admittedly, an amount of Rs.35,000/- was paid in advance. This agreement to sell was registered on 18.02.1985. On 26.03.1985 another document (Exhibit P-14) was entered into between the parties. Leeladhar was paid balance Rs.5,000/- and the subsequent agreement notes that he gave possession of the land to Deshraj. On 20.01.1988, Deshraj issued a legal notice to Leeladhar asking him to get the sale deed executed. According to the plaintiffs, they and their father went to the office of the Sub-Registrar on 15.02.1988 for this purpose. But Leeladhar did not turn up. Deshraj expired on 16.05.1988 and, thereafter, the respondents herein filed a suit in the Court of Civil Judge, Nainital praying for specific performance of the contract and also prayed that if any part of the disputed land is not found in their possession, then possession be given to them. In the alternative, they prayed for refund of Rs.40,000/ along with interest.

2. In the written statement, Leeladhar