Mr. L. N. Mittal, J. (Oral) :- C. M. No. 4856-C of 2011 :

For reasons mentioned in the application, which is accompanied by affidavit, delay of 08 days in re-filing the appeal is condoned.

Main Appeal :

2. Defendants no.1 and 2, having lost in both the courts below, are in second appeal.

3. Respondent no.1-plaintiff Sandeep Vaid filed suit against appellants as defendants no.1 and 2 and against respondents no.2 and 3 as defendants no.3 and 4. The plaintiff alleged that Bhag Singh – father and predecessor of defendants no.1 and 2 along with defendants no.3 and 4 agreed to sell the suit property measuring 540 sq. yds. comprising plots nos.51 to 53 to the plaintiff @ Rs.300/- per sq. yd. and executed agreement dated 01.08.1994 and received Rs.62,000/- as earnest money. The plaintiff also paid Rs.5,000/- each by three cheques dated 15.08.1994, 15.02.1995 and 20.02.1995 in favour of defendant no.4 and paid Rs.20,000/- on 20.07.1995 to defendant no.4. Plaintiff paid further amount by cheque to defendant no.3, but he did not encash the same. Plaintiff also tried to contact defendants no.3 and 4 to pay the balance sale price, but in vain. They could not be contacted. Plaintiff dep