Surya Prakash Kesarwani, J.

Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Arvind Kumar Tiwari, learned counsel for the defendants-appellants and Sri Anil Sharma, learned counsel for the plaintiffs-respondents.

Facts

2. Briefly stated facts of the present case are that the plaintiffs-respondents filed Original Suit No.5 of 2015 (Saurabh Chaudhary and Gaurav Rawat v. Mukesh Singh, Pratap Singh, Hardev Singh, all sons of late Maharaj Singh and Smt. Sona Devi wife of late Maharaj Singh). During pendency of the suit, Smt. Sona Devi died. She was substituted by her son/heir Satyaveer Singh as defendant-appellant No.4/1.

3. The aforesaid original suit no.5 of 2015 was filed by the plaintiffs for a decree of specific performance of the registered agreement to sell dated 11.06.2014 and for a direction to the defendants to execute a sale-deed and get it registered in favour of the plaintiffs with respect to the land mentioned in the agreement, on receiving balance amount of the sale consideration of Rs. 25,00,000/- and in case of failure on the part of the defendants to comply with the conditions, the Court may execute the sale-deed and get it registered within the stipulated time with respect to the disputed land on deposit of sale consideration by the plaintiffs in the court below.

4. In paragraph nos. 1 and 2 of the plaint, the plaintiffs have stated that the defendants are owner and are in possession of 4/5th share of agricultural land of Khata No.105 (Fasli year 1419 to 1424) being Khasra Plot No.89 measuring 1.011, plot no.234 measuring 0.233, plot no.90 measuring 0.859, plot no.92-kha measuring 0.003, plot no.188 measuring 0.090, total 5 plots measuring 2.196 hectares, which the defendants agreed to sell to the plaintiffs for consideration of Rs.35,00,000/- and executed a registered agreement to sell on 11.6.2014 and received Rs. 10,00,000/- as earnest money.

5. In paragraph nos. 4,5 and 6 of the plaint, the plaintiffs have stated that several time the plaintiffs orally requested the defendants and demanded to execute sale deed in favour of the plaintiffs in respect of the disputed land to which the defendant never paid any attention. Therefore, they sent a legal notice by registered post to the defendants on 18.11.2014, calling upon them to execute the sale-deed and to get it registered in favour of the plaintiffs. The plaintiffs remained present on the given date at the office of Sub-Registrar, Sasni, district Hathras on 16.12.2014 with the balance amount of consideration and their presence has been noted, but the defendants wilfully ignored the legal notice and did not do the needful. They failed to appear at the office of the Sub-Registrar, Sasni, to execute the sale-deed and get it registered in favour of the plaintiffs. Thus, they deliberately committed breach of agreement to sell dated 11.06.2014.

6. In paragraph no.7 of the plaint, the plaintiffs have clearly stated that they had always been ready and willing and are still ready and willing to perform their part of the contract (agreement) till the defendants agree to execute the sale-deed and get it registered in respect of the suit property under the orders of the Court. The aforesaid suit was filed on 2.1.2015.

7. The defendants filed a written statement dated 21.3.2017 in which they partly admitted paragraph-1 of the plaint and denied the remaining contents of the plaint being paragraph Nos. 2 to 10. In the written statement, the defendants-appellants made additional pleas being paragraph nos. 11 to 30.

8. The crucial pleadings under the heading of the additional pleas made in the written statement are briefly as under :

Para-14 In the first week of June 2014, the defendants were in need of Rs.1 lac which they spoke to the plaintiffs and thereupon, the plaintiffs told them to take loan and in this regard they have to do something in writing. The defendants were in active confidence. Since, the plaintiffs have paid a sum of Rs.1 lac before execution of