Judgment

Mr. Vikram Aggarwal, J.:- This is defendant’s appeal against the judgment and decree dated 17.05.2011 passed by the Additional District Judge, Faridabad vide which the appeal filed by the respondents-plaintiffs was allowed, judgment and decree dated 16.03.2010 passed by the Additional Civil Judge (Senior Division), Faridabad was modified and the suit for specific performance filed by the respondents-plaintiffs was decreed. For the sake of convenience, parties shall be referred as per their original status.

2. The plaintiffs instituted a suit for specific performance of agreement to sell dated 04.12.1994 stated to have been executed by the defendant vide which she agreed to sell a plot measuring 171.18 sq. yds. (fully described in the plaint) situated in the premises known as “TCC Complex”, Sector-10, Faridabad (hereinafter referred to as ‘the disputed plot’). It was averred that the said agreement to sell had been executed by the defendant vide which she had agreed to sell the disputed plot to the plaintiffs @ Rs. 1400/- per sq. yds. The possession was handed over at the time of execution of the agreement to sell. Rs. 50,000/- was paid as earnest money by way of a cheque d