RAGHUBAR DAYAL, J.:- This appeal arises out of a suit for the specific performance of a contract. The plaintiffs suit for the specific performance of the contract was dismissed and their claim for damages for Rs.32,000 on account of breach of contract was decreed for Rs.7,000 only. The plaintiffs have appealed against the dismissal of their claim.

2. Defendant-respondent 1 has filed a cross-objection against the decree for damages in favour of the plaintiffs.

3. It may also be mentioned that the decree in favour of the plaintiffs is also for the undisputed claim for Rs.5,000 on account of the refund of the earnest money which had been paid by the plaintiffs to the defendant-respondent.

4. The plaintiffs case is that on 3-1-1943, an agreement was arrived at between them and defendant 1 with respect to the sale of bungalow No.13/5 in Civil Lines, Kanpur, with the proprietary and lessee rights in the appurtenant lands for a sum of Rs.58,000 excluding all costs of stamp and registration which were to be borne by the plaintiffs. It was agreed that a proper sale would be completed within a month. On the conclusion of the contract a sum of Rs.5,000 was paid by the plaintiffs to def