Reva Khetrapal, J.

CM No. 3698/2010 (under Order XXII Rule 4 read with Section 151 CPC)

1. This is an application filed by the appellants for impleadment of the legal representatives of Sardar Singh, who died during the pendency of the appeal.

2. An attempt was made by the learned counsel for the respondents No. 1 and 2 to contend that the appeal has abated on account of the legal representatives of Sardar Singh not having been brought on record.

3. In view of the fact, however, that one of the legal representatives of Sardar Singh, namely, Ishwar Singh is on the record, the appeal cannot be said to have abated. It has been so held by the Supreme Court in Mahabir Prasad v. Jage Ram and Ors. AIR 1971 SC 742 and by a Division Bench of this Court in Kedar Nath & Anr. v. Smt. Mohani Devi & Ors. 1972 ILR (2) 936.

4. In view of the aforesaid, the prayer for impleadment of the legal representatives of the deceased Sardar Singh is allowed.

5. The application stands disposed of. The amended memo of parties is taken on record.

RFA 44/1986

1. This appeal arises from a decree of specific performance of the Agreement to Sell dated 25th June, 1973 (Exhibit PW-3/1) passed in favour of the respondents No. 1 and 2 and against Shri Chandan Singh and the other legal representatives of Smt. Khazani, the respondents No. 3 to 6 herein, on payment of Rs. 59,000/- with the direction to the respondents No. 1 and 2 to purchase the stamp paper and deposit the same in Court for the execution of the sale deed, costs of the sale deed and its registration charges within one month.

2. The facts as asserted in the plaint filed by the respondents No. 1 and 2 are that Smt. Khazani (now deceased) represented by Chandan Singh and others was inter alia in possession of the land comprised in Khasra Nos. 485/1 (4 big. 8 bis.), 553 (8-18), 728 (0-17), 827 (0-11), 830 (2-3), 1332 (3-19), 1336 (1-1), 1572 (1-9), 1825 (1-6), 1919/2 (0-12), 2011 (3-3), 2936/1920 (1-6), 3285/2614 (0-11), total 30 bighas 4 biswas situated in village Bijwasan and Khasra No. 18/13 (4-9), 18/1 (2-12) measuring 7 bighas 1 biswa situated in village Salhapur, total 37 bighas and 5 biswas and a residential house and a Ghaiwer (enclosure) situated in the abadi of village Bijwasan, Delhi. By an agreement dated 25.06.1973, Smt. Khazani agreed to sell and the respondents No. 1 and 2 agreed to purchase the said land for a consideration of Rs. 60,000/- on the terms and conditions mentioned therein. The respondents No. 1 and 2 paid a sum of Rs. 1,000/- as earnest money to Smt. Khazani at the time of the execution of the agreement dated 25.06.1973. A receipt in the sum of Rs. 1,000/- dated 25.06.1973 was also executed by Smt. Khazani in favour of the respondents No. 1 and 2 by affixing her thumb impression on the same (Exhibit PW-3/2). The balance sale price was agreed to be paid to the vendor on the execution and registration of the sale deed before the Sub-Registrar. The Sale Deed was to be executed within one month after Smt. Khazani had obtained a `No Objection Certificate' from the Competent Authority. It was further agreed that in case the sale deed was not executed within one month after getting the `No Objection Certificate', the respondents No. 1 and 2 could get the sale deed executed through a court of law at the expense of the vendor, Smt. Khazani. However, if the respondents No. 1 and 2 did not purchase the land, the earnest money would stand forfeited.

3. On 26.06.1973, Smt. Khazani represented to the respondents No. 1 and 2 that she was badly in need of Rs. 55,000/- and she requested that the respondents No. 1 and 2 pay the aforesaid amount to her. On the same day, i.e., on 26.06.1973, Smt. Khazani executed an Agreement to surrender the cultivation and possession of the land in question, being Exhibit PW-3/3, wherein she stated that she had received Rs. 1,000/- as earnest money from the purchasers, who had paid Rs. 55,000/- as part payment, the receipt of which had been issued and the possession of t