Tek Chand, J.

1. This is a defendants appeal from the decree and judgment passed by Sub-Judge

1st Class, Delhi, decreeing the plaintiffs suit for Rs. 28,000/-but ordering the parties to bear their own costs. The defendants (appellants) are five in number and they are the sons of Shri Rup Lal proprietors of the firm of Messrs. Ushnak Mal Mul Chand of Lahore, now carrying on business in Delhi. The suit was instituted by the plaintiff, Shrimati Shakuntala Devi against the defendants for the recovery of Rs. 35,970/-. The plaintiffs case was that by an agreement dated 3rd March, 1947, (Exhibit P. 1) the defendants bad agreed to sell to her a house bearing No. 138-C, with land thereunder and attached thereto, measuring 4 Kanals, situated at Model Town, Lahore, which they had purchased from one Ishwar Dat.

The defendants had entered into an agreement to sell the said house to the plaintiff for Rs. 58,000/-. A sum of Rs. 5,000/- bad been received by them on that date as earnest money. After the execution and completion of the sale deed in respect of the house in vendees favour the defendants undertook to get it registered within three months and they were to receive the balance of