It is admitted case of both the parties that an agreement to sell was executed between the parties for purchase of a piece of land for a sum of 36,000/- vide Ex-P1 dated 25.2.1981. According to the plaintiffsrespondents a sum of 23,765/- were paid to the appellant-defendant at the time of execution of the agreement to sell which fact has been denied by the defendant-appellant. However, from the perusal of the statements of the plaintiffs' witnesses and document Ex-P1 it is proved on record that a sum of 23,765/- were paid in cash to the defendant-appellant Ram Chander in the presence of the witnesses. Bhoop Singh-PW2 has categorically deposed that defendant-appellant refused to execute the sale deed in their favour despite the fact that they were and still are ready and willing to get the sale deed executed. He also deposed that 12,235/- were deposited by them in the Punjab National Bank, Khanna and produced the certificate issued by the Punjab National Bank Ex.P1/4, Ex.P1/5 and statement of account Ex.P-4 to prove the fact that the plaintiffs-respondents deposited the said amount in the Punjab National Bank, Khanna, as per the terms and conditions of the agreement to sell. It shows that the plaintiffs-respondents were always ready and willing to perform their part of the contract. Rather it was the defendant-appellant who has failed to execute sale deed in favour of the plaintiffs-respondents despite receipt of the payment.
