Dr. Bharat Bhushan Parsoon, J.

This regular second appeal is directed against judgment and decree dated 2.11.1987 of the lower court below whereby suit of the plaintiff for specific performance of agreement to sell dated 11.6.1983, holding that the sale deed dated 21.5.1986 executed by defendant No.1 in favour of defendant No.2 to 7 in derogation of the agreement and being without the authority and with an intention to cause loss to the plaintiff, was decreed and the appeal preferred by the vendee defendants against the said decree of the lower court, was also dismissed on 7.3.1991.

2. Darshan Singh, defendant No.1 and respondent No.2 herein, being owner of the land in suit had agreed to sell the same to plaintiff Joginder Singh (since deceased and being represented by his LRs), respondent No.1 @ Rs. 9,000/- per killa vide agreement to sell dated 11.6.1983, when earnest money of Rs. 5,000/- had also been paid. Sale deed was to be executed on or before 8.12.1983. Another sum of Rs. 5,000/- was received by the owner defendant from the plaintiff on 23.6.1984 vide writing made on the back of the original agreement. When defendant owner Darshan Singh did not come forward to exec