ORDER :

B.N. Agrawal, G.S. Singhvi, JJ.

Leave granted.

2. The appellant-Trust through its Managing Trustee, Shri R.P. Sinha entered into an agreement with respondent Parmanand Soni, who is now represented by his legal representatives for sale of 1200 Sq. ft. of land and house constructed over it. In terms of the agreement, the respondent-purchaser deposited Rs. 20,000/- as earnest money and promised to deposit the balance within 6 months from the date of agreement and get the sale deed registered at his cost with a stipulation that in case he fails to do so, the earnest money shall stand forfeited and the vendor will have all rights to sell the property to any party without any further notice to the purchaser and the purchaser shall have no right or claim whatsoever in his behalf.

3. After two years and four months, the respondent filed suit for specific performance of agreement dated 12th November, 1990. The respondent pleaded that even though he was always ready and willing to perform his part of the contract, the defendants No.1 to 3 avoided receipt of the balance amount and execution of the sale deed and they sold the property to defendant Nos.4 and 5.

4. The trial Court dismissed t