JUDGEMENT :- This is a defendants appeal arising out of a suit for specific performance. The relief of specific performance was not granted by the Courts below but the suit was decreed for recovery of Rs. 8,000/-from the defendants Nos. 1 and 2 with pendente lite and future interest at the rate of Rs. 4/- per cent per annum. Out of the above amount a sum of Rs. 5,000/- was awarded by way of damages for breach of contract and a sum of Rs. 3,000/- related to the refund of the earnest money.

2. The short facts of the case are : that the house in dispute in respect of which an agreement for sale dated 3-4-1962 had been arrived at belonged to defendant No. 1 and the defendant No. 2 and his brothers. It is not disputed that a moiety share belonged to defendant No. 1 on the one hand and the remaining half belonged on the other hand, to defendant No. 2 and his three brothers. The agreement was to the effect that defendants Nos. 1 and 2 would sell the said house to the plaintiff for Rs. 10,040/-. A sum of Rs. 3,000/- was paid as earnest money and the balance was agreed to be paid at the time of execution of the sale deed. It was stipulated that the sale deed would be executed within three m

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