JUDGMENT (ORAL)

Mehinder Singh Sullar, J.—The contour of the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that Pryag Raj Goel and Madan Mohan Goel sons of Ram Chander Goel, were the owners of the plot in dispute. They agreed to sell it to Tripta Devi (petitioner No.2), wife of Madan Lal (petitioner No.1), executed the agreement to sell dated 28.6.1999 (Annexure P3) and received a sum of Rs. 12,00,000 as earnest money. At the same time, they have also appointed her husband Madan Lal (petitioner No.1) as their general attorney, by way of deed of general power of attorney (Annexure P2). However, since complainant Bhopal Singh (respondent No.2) (for brevity “the complainant”) was stated to be in possession of the plot in question, so, the sale deed could not be executed between them.

2. Sequelly, thereafter, the petitioners have sold their all rights in the said plot, derived from Pryag Raj Goel and Madan Mohan Goel, for a total consideration of Rs.12,00,000, which they have received as earnest money, by virtue of agreement to sell (Annexure P3),