JUDGMENT

Amit Rawal, J. - The appellants-defendants No.1 and 2 being sons of Jagjit Singh Mann are in Regular Second Appeal against the concurrent findings of facts and law, whereby, the suit seeking specific performance of the agreement to sell dated 31.05.1982 in respect of partially built house No.132, Sector 9-B, Chandigarh, has been decreed.

2. As per the averments made in the plaint, Jagjit Singh Mann, father of appellant-defendants No.1 and 2 was owner of aforementioned house and desired to sell the demised premises. As a result thereof, the property in dispute, vide agreement to sell dated 31.05.1982 was agreed to be sold for a total sale consideration of Rs. 10.00 lakhs against the receipt of Rs. 1.00 lakh as earnest money paid, vide bank draft no.005687 dated 11.05.1982 drawn on Bank of Baroda, Sector 17-B, Chandigarh. The sale deed of the aforementioned agreement to sell was to be executed within a period of six months from the date of legal clearance as the premises, partly constructed, was in illegal possession of one Rattan Singh. It envisaged other conditions of obtaining 'No Objection Certificate' from the Estate Officer, Chandigarh Administration and Income Tax Clea