JUDGMENT :- The defendants Nos. 1 and 2 in S.C.S. No. 54 /1980 have filed the present appeal against the Judgment and Decree dated 30-10-1996 of the learned Civil Judge, Senior Division, Margao.

2. The plaintiff in the said S.C.S. No. 54/80 and the said defendants had entered into an agreement dated 13-3-1979 for the sale of Blocks No. 3 and 4 constructed by them in plot No. 2 in the property known as "Sirvodem" situated at Sirvodem, Navelim. The relevant Clauses of the said agreement were as follows :

1. The said two Blocks bearing Nos. 3 and 4 with rustic part of 3 mt. on the northern side and 3.50 mts on the eastern side shall be sold free from any encumbrances whatsoever for the price of Rs. 45,000/-.

2. The final sale shall be made till within two months from today and as earnest money and part payment the First Party acknowledges to have received from the Second Party a sum of rupees Thirty Three Thousand only for which they give full discharge for all legal purpose and the balance amount of Rs. 12,000/- shall be paid by the Second Party on the day of final sale.

3. If the Sale does not materialise due to fault attributable to the First Party they shall pay double the amount of e

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