agreement, the plaintiffs had paid earnest money of Rs.2 crores i.e. Rs.1 crore in cash and Rs.1 crore vide two cheques of Rs.50 lakhs each and in the event of the agreement remaining unfulfilled for the reasons attributable to the defendant No.1 company, the plaintiffs had a choice, either to sue for specific performance or for recovery of double of the amount of the earnest money i.e. for Rs.4 crores; (iii) that the defendants have misrepresented facts to the plaintiffs and the property was mortgaged for much more than what was disclosed and the plaintiffs upon learning of the same, stopped the payment of the two cheques for Rs.50 lakhs each; (iv) that thus, out of the earnest money of Rs.2 crores which was agreed to be paid, only a sum of Rs.1 crore paid by the plaintiffs in cash was received by the defendants; (v) that since the agreement had remained unfulfilled for reasons attributable to the defendants, the plaintiffs is entitled to double of the amount of Rs.1 crore i.e. Rs.2 crores; (vi) that a sum of Rs.4 lakhs is claimed towards interest till the date of institution of the suit.
