JUDGMENT

The defendants are the appellants.

2. The respondent as the plaintiff laid the suit for specific performance of contract basing on an alleged agreement for sale dated 13.06.1998 against the appellants 1 to 3.

3. The plaint schedule sets out items 1 to 10 as full extents in all Ac.11.75 cents and items 11 to 13 in all Ac.5.91 cents. Thus, total extent is Ac.17.66 cents. These lands are in Mitnala village (they shall be hereinafter referred to as ‘the suit lands’).

4. Appellants 1 and 3 died during pendency of the suit. Appellants 8 to 11 are the legal representatives of the 1st appellant. The 3rd appellant died on 23.02.2003. His legal representatives are appellants 4 to 7.

5. The contention of the respondent at the trial was that the 1st appellant had agreed to sell the suit lands to him for Rs.20,000/- per acre and upon receiving a major part of sale consideration, viz. Rs.3,33,200/- executed an agreement for sale on 30.06.1998 in his favour. Further contention of the respondent at the trial was that the 1st appellant had agreed to get the suit lands measured on or before 31.03.1999 and upon receiving balance sale consideration, agreed to execute sale deeds and register, whil