R.L.Anand, J.

1. This is a defendants appeal and has been directed against the Judgment and decree dated 1.6.1998 passed by Additional District Judge, Ferozepur, who affirmed the Judgment and decree dated 25.11.1994 passed by the trial Court vide which the suit of the plaintiff-respondent for possession by way of specific performance was decreed. Both the courts have gone against the defendants for the reasons given in the Judgments and I need quote the same in this order.

2. Two folds contentions were raised by the learned counsel for the appellants : (1) That the agreement Ex.P.1 was determinable at the instance of either of the parties and in this case the defendant-appellants had repudiated the contract and in these circumstances the suit for possession by way of specific performance could not be filed. At the most the plaintiff was entitled to the earnest money besides Rs. 5,000/- as fine. (2) That the defendants by deriving the power under the agreement Ex.P-1 gave the notice in writing to the plaintiff which was received by the plaintiff-respondent on 12.9.1998, still he filed a suit for permanent injunction on 14.9.1998 and in these circumstances his present suit fo