JUDGMENT

Kapadia, J.-Being aggrieved by the suit for specific performance being decreed, the defendants-vendors have filed this appeal by special leave against judgment and order passed by the Division Bench of the Bombay High Court dated 17.6.2000 in Appeal No. 813 of 1994 confirming the judgment of the learned Single Judge dated 3.10.1994.

2. The facts giving rise to this civil appeal, briefly, are as follows:-

By an agreement for sale dated 18.2.1981 entered into between appellants as vendors and respondent as purchaser, the appellants agreed to sell all that piece or parcel of land admeasuring 481.25 square metres bearing plot no. 423- out of the larger piece of land bearing City Survey No. 1285 (Part) of Suburban Scheme-III of Chembur with bungalow bearing Municipal No. 1137 (2) standing thereon. (hereinafter for the sake of brevity referred to as "the suit property") for lump sum consideration of Rs.10,00,000/-. Prior to the execution of the agreement, the respondent paid Rs.1,00,000/- as earnest money. Under clause (1) of the said agreement, a sum of Rs.1,25,000/- was to be paid by the respondent within two months from the date of the agreement i.e. by 18.4.1981 and the balan