1. This Regular Second Appeal was originally filed by Malkiat Singh- plaintiff, who died during its pendency on 21-8-2000 and, vide order dated 12-2-2002, his sons Mukhtiar Singh and Balraj Singh were substituted in his place.

2. This appeal has been filed against the judgment and decree dated 4-9-1982 passed by Additional District Judge, Ferozepur, vide which the appeal filed by Chand Singh defendant No. 2 against the judgment and decree dated 10-10-1981 passed by Additional Senior Sub-Judge, Ferozepur, has been accepted; suit of the plaintiff for specific performance of the agreement has been dismissed and his suit for recovery of Rs. 3,360/- i.e. Rs. 3,000/- as return of the earnest money and Rs. 360/- as damages by way of interest at the rate of 12% per annum has been decreed, whereas the appeal filed by Malkiat Singh-plaintiff against the aforesaid judgment and decree dated 10-10-1981 has been dismissed.

3. The brief facts of the case are that on 12-12-1977 Malkiat Singh plaintiff entered into an agreement of sale with Om Parkash, defendant No. 1 for the purchase of land measuring 36 Kanals situated in Village Talwandi Bhai at the rate of Rs. 9,500/- per acre. At the t