1. Heard Mr. S. M. Gorwadkar, learned counsel for the Appellants and Mr. S. K. Shinde, learned counsel for the Respondents, at length.

2. By this Appeal under Section 100 of the Code of Civil Procedure, 1908, (for short C.P.C.), the original Defendants No.1-A to 1-H have challenged the judgment and decree dated 5-10-1985 passed by the Learned Civil Judge Junior Division, Chandwad in Regular Civil Suit No.96 of 1975 as also the Judgment and Decree dated 12-9-1988 passed by the Learned III Additional District Judge, Nashik in Civil Appeal No.46 of 1986. By these orders, the courts below decreed the suit instituted by Respondent No.1-Plaintiff for specific performance of contract dated 30-12-1968. The parties shall, herein after be referred as per their status in the trial court. The facts and circumstances, giving rise to the filing of the present Second Appeal briefly stated, are as under:

3. Respondent No.1 (original Plaintiff) instituted the suit initially for redemption of mortgage. The controversy in this Appeal is in respect of land which previously was bearing CTS No.96/5 measuring 32 Gunthas assessed at Rs.1.69 ps. and subsequently merged in the lands of Appellants (