Hemant Gupta, J.

1. This judgment shall dispose of Regular Second Appeal No. 1105 and 1486 of 1991 arising out of suit for specific performance of agreement of sale dated 9.8.1978 entered into by defendant Pritam Singh in favour of plaintiffs Sukhdev Singh and Subhash Chander.

2. On 9.8.1978, the defendant agreed to sell Kabari shop No. 52 in the Industrial Area, Chandigarh, for a total consideration of Rs. 75,000/-. An amount of Rs. 15,000/-was paid to the defendant at the time of execution of the agreement to sell whereas a sum of Rs. 25,000/- was be paid by 22.08.1978 and the remaining sum of Rs. 35,000/-was to be paid by 9.8.1979 i.e. at the time of execution and registration of sale deed. It is alleged by the plaintiffs that the defendant received @ sum of Rs. 25,000/- on 6.9.1978 and agreed to receive the balance amount at the time of registration of sale deed. A sum of Rs. 4302/- was deposited by the plaintiffs at the request of the defendant with the Estate Office, Chandigarh, as certain proceedings were pending against the defendant. Another sum of Rs. 15,000/- was paid to the defendant at Jagadhri in the first week of April, 1979, at the time of marriage of son of