M.R.Sharma, J.

1. This first appellant arises out of the judgment and decree delivered by the Senior Subordinate Judge, Chandigarh, dated November 11, 1969. The facts giving rise to the controversy may briefly be stated as follows.

2. The respondent owned Plot No. 57-D in Sector 9-A, Chandigarh, which he wasted to sell. It appears that he wrote letter to his friend R. N. Chona in which it was mentioned that he intended to dispose of the above mentioned plot. Shri R. N. Chona contacted Messrs. P. L. Sahni and Co. Property Dealers, at Chandigarh, and discussed this matter with them. In the course of the discussion, the price of the plot was settled at Rs. 7,500/- and the said property Dealers handed over a crossed cheque for Rs. 500/- as advance against the sale price of this plot to Mr. Chona for being forwarded to the respondent. Mr. Chona sent this cheque to the respondent along with his letter dated the 4th of March, 1960. Some more letters were also exchanged between Mr. Chona and the respondent. The respondent wrote to Messrs. P. L. Sahni and Co., Property Dealers, on March 16, 1960, wherein he stated, that he had paid a sum of Rs. 6,862.25 as the price of the plot, tha