ORAL JUDGMENT : This First Appeal by original Defendant is challenging the judgment and decree dated 5th May 1992 delivered by 6th Joint Civil Judge, Senior Division Court, Nagpur by which it decreed the Special Civil Suit No. 660 of 1989 filed by present Respondent for specific performance. Deceased Appellant No. 1 was original Defendant No 1 in said Suit and present Appellant Nos. 2 and 3 are subsequent purchasers from her impleaded therein later on by the Respondent. During pendency of this Appeal, Appellant No. 1 expired and remaining Appellants contended that she expired without leaving any legal heir and they are prosecuting present Appeal as subsequent purchasers in possession.

2. The case of Respondent Plaintiff is that on 5/10/1986 an agreement was reached with present Appellant Defendant by which she agreed to sell a house property at Nagpur for total consideration of Rs. 3,01,000/-only (i.e. Three lakhs One thousand only) and received earnest amount of Rs.5,000/-(Five thousand only). Balance amount of Rs.2,96,000/-(Two lakhs Ninety six thousand only) was to be paid at the time of execution and registration of sale deed which was to be executed within period of thre

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