By means of this Second Appeal, the appellants /(ori. defendant nos.1 to 4 ) challenge the judgment and decree passed on 9.1.2004 passed by the learned 2nd Additional District Judge, Wardha in Regular Civil Appeal No.21/2001 whereby the appeal was allowed and defendant no.1 and 4 (appellants) were directed to deliver vacant possession of the suit house constructed on Plot No.2 to the plaintiff-society; while the plaintiff-society was directed to deliver possession of suit house to defendant no.2 and to execute the sale deed in favour of defendant no.2 after recovery of necessary amount outstanding in respect of suit transaction from the defendant no.2.

2. Facts which gave rise to this Appeal, in nutshell, are as under:

Suit house-Plot No.2 ad-measuring 70’ x 100’ situated in Yeshwant Colony, Nagpur Road, Wardha. Yashwant Sahakari Sahabhagidari Griha Nirman Sanstha Ltd. (Plaintiff) is a society formed as back as in 1969. Defendant No.2 alleged that he is allottee of the suit plot from the plaintiff society. Radhabai Tupkar (ori. Defendant no.3) was admitted on 28.1.1975 as Member of the society along with two other person by a Resolution No. 2 as Dr. Mukund Keshav Pawar