Harbans Lal, J.

1. This appeal is directed against the judgment/decree dated 14.9.2004 passed by the court of learned Additional District Judge, Ludhiana whereby he dismissed the appeal preferred by Bagga Singh deceased through his legal representatives (a) Boota Singh (b) Manjit Singh (c) Darshan Singh (d) Pritam Singh and (e) Kuldeep Singh sons of Bagga Singh against the judgment/decree dated 17.10.2003 rendered by the court of learned Civil Judge (Junior Division), Ludhiana whereby he partly decreed the suit with costs holding that the plaintiffs are entitled to refund of Rs.78,000/- from the defendants.

2. The facts which led to the filing of the suit are that Bagga Singh defendant entered into an agreement dated 12.6.1987 to sell the land measuring 14 Bighas 18 Biswas bearing khasra No. 65, 77/2, 78/2 and 79/2 as delineated in the plaint in favour of Brij Lal and Ram Rakhi plaintiffs for Rs. 85,000/-. As agreed upon between the parties, the sale deed was to be executed and registered by 31.12.1987. The expenses of the stamp and registration were to be borne by the plaintiffs. A sum of Rs. 78,000/- ( Rs.39,000/- by each plaintiff) was paid to the above mentioned intendi