Modi, J.—This is a first appeal by the defendants Badhava Singh and Suhava Singh in a suit for damages for breach of contract for sale of land.

2. On 25th July, 1949, the defendants had entered into an agreement with the plaintiffs Charan Singh and Chanan Singh by which the former agreed to sell to the latter 2 squares of land Nos. 1and 7, measuring 50 bighas in chak 53 G.V., Tehsil Anoopgarh for a sum of Rs. 16,000/- and the veendes paid a sum of Rs. 200/- by way of earnest money on the same date. The sale was to be completed on or before the 15th of December, 1949, when the balance of the purchase money was to be paid by the vendees. It was also agreed between the part is that they would share the cost of registration, stamp paper and certain other necessary charges half and half A further stipulation was that if the defendant-vendors failed to complete the sale, they would be liable to refund the earnest money and in addition to pay a sum of Rs. 4000/-as damages for breach of contract, and it was similarly provided that if the vendees failed to complete the sale, they would be liable to forfeiture of this earnest money and to pay a further sum of Rs. 2000/- as damages for breach

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