V.K.Jhanji, J.

1. This second appeal by the plaintiff has arisen out of the suit filed by him for recovery of Rs. three lacs. Both the Courts below have dismissed the suit of the plaintiff.

2. It is the case of plaintiff that respondent No. 1, namely, Anil Kumar came to him in the first week of April, 1990 and told him that he is exclusive owner in possession of land measuring 40 Killas and is badly in need of money and as such, he wants to dispose of the same at the earliest. Plaintiff alleged that keeping in view the assurance given by respondent No. 1, he agreed to purchase the same and the bargain was struck between him and respondent No. 1 and accordingly, a sum of Rs. 1,50,000/- was paid towards earnest money. It is further his case that respondent No. 1 never disclosed that he is not the exclusive owner but he is owner along with respondents 2 and 3. Plaintiff further alleged that he was always ready and willing to abide by the terms of the agreement to sell, but the respondents failed to execute the sale-deed, In order to recover the earnest money and damages, the present suit was filed by the plaintiff for recovery of Rs. three lacs, i.e. Rs. 1,50,000/- paid as ean