MODI, J.—This is a second appeal by the defendants Rameshwarlal and Gopi Kishan in a suit for damages.

2. On 16-3-1962 the defendants had entered into an agreement with the plaintiff Balabux by which the former agreed to sell to the latter plots Nos. 1 to 12 measu-ring 3158 sq. yds. and a bungalow situated in Ajmer. The bungalow was agreed to be sold for Rs. 13,000/- and the plots at the rate of Rs. 11.75 per sq. yds. The plaintiff paid Rs. 5,000/- as earnest money. The agreement was executed by the defendants on their own behalf and on behalf of their brothers widow Mst. Ajodhia Bai, who was at Indore. The sale was to be completed within one month when the remaining purchase money was to be paid by the vendee. It was agreed between the parties that if the vendors failed to complete the sale they would be liable to refund the earnest money and further pay a sum of Rs. 5,000/- as damages for the breach of contract. It was also agreed that in case the vendee failed to complete the sale, he will be liable to forfeiture of the earnest money amounting to Rs. 5,000/-. On 14-12-62 the plaintiff instituted the present suit for recovery of earnest money amounting to Rs. 5,000/- and the stipu

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