JUDGMENT

Anil R. Dave, J. –

1. Leave granted.

2. Being aggrieved by the judgment delivered in First Appeal No. 1138 of 2009 by the Bombay High Court at Aurangabad on 14.1.2010, the appellants have approached this Court by way of this appeal.

3. The facts giving rise to the present litigation, in a nutshell, are as under :

The appellants had filed a suit against the present respondents for a declaration to the affect that the agreement to sell entered into between the appellants and the respondents should be cancelled and the appellants should be put in possession of the land in question, which had been agreed to be sold in pursuance of the agreement to sell dated 17.08.1995. Certain undisputed facts in the case are to the effect that the aforesaid agreement to sell had been entered into and in pursuance of the said agreement, possession of the land in question had been handed over to the respondents upon a payment of Rs. 1 lac, which was part of the consideration. The consideration for sale was Rs.10 lacs. The remaining amount of Rs.9 lacs was to be paid in two installments of Rs. 4 lacs and Rs. 5 lacs each. Rupees 4 lacs were to be paid by the respondents by the end of 30.01.1996 and