LINGARAJA RATH, J.

( 1 ) THE legal representatives of the defendant in the suit are the appellants against a reversing judgment decreeing the suit for specific performance of the contract brought by the plaintiff-respondents on the basis of an agreement of sale Ex. A-1 executed on 28-1-1974. The admitted case of the parties is that under the document Rs. 20,000/- was received as earnest money out of the total consideration of Rs. 90,000/- with the condition that the sale deed shall be executed within three months and vacant possession of the suit house shall be handed over at the time of registration and with the further condition that if the plaintiff-respondents fail to pay the balance of consideration within time, the earnest money shall stand forfeited and the contract stands cancelled. The plaintiffs alleged that they were ever ready and willing to pay and perform their part of the contract and, as a matter of fact, they paid, as required by the defendant Rs. 2,700/- on 1-2-1974 and thereafter Rs. 10,000/- on 3-6-1974, but the defendant was not coming forward to execute the sale deed and instead time was extended from time to time on his behalf and ultimately since the sale de

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