JUDGMENT :

Birendra Kumar, J.

1. The original plaintiff/appellant late Bhagwan Kaur had brought the suit for a decree of specific performance of agreement to sale, the referred immovable property in pursuance of agreement to sale between the parties dated 24.07.1979 (Ex.1). In the alternative, prayer was for direction to the respondents to refund the part consideration money of Rs.35,000/-along with damages of Rs.35,000/-. Learned trial judge has granted alternative relief above by the impugned judgment and decree dated 19.01.1995 passed by the learned District Judge No.2, Hanumangarh in Civil Suit No.10/1985 (21/82). The plaintiff/appellant is not satisfied with the decree, hence this appeal.

2. The case and claim of the plaintiff is that the original defendant-Smt. Chandrapati and her three sons including two minors through their guardian-Smt. Chandrapati, had executed the aforesaid agreement to sale Chak No.10, HMH T.P. 149/ 264, Kila No.1 to 25 area 12 and half bigas out of total 25 bighas of land. It is not controverted that the said property was khatedari agricultural land of Prabhu Singh acquired through patta and after death of Prabhu Singh, the defendants had succeeded the s