A.B. Chaudhari, J.

Being aggrieved by judgment and decree dated 02.01.2007 in Regular Civil Appeal No.300/2001 passed by Ad hoc District Judge 10, Nagpur by which the judgment and decree dated 13.02.2001 in Regular Civil Suit No.214/1989 dismissing the suit filed by respondentsplaintiffs was set aside and the decree for specific performance of contract etc. was made, the present second appeal was filed by the unsuccessful defendants.

FACTS:

2. the respondents-plaintiffs, through their power of attorney holder by name Dhairyasheel, instituted Special Civil Suit No.214/1989 for specific performance of contract against the defendant no.1Santosh Vaidya. Defendant no.2Kailash Lute was in fact the proposed vendee in the agreement who was joined as defendant because of his absence. The case of respondents-plaintiffs was that defendant no.1Santosh Vaidya was the owner of field survey No.32, 1.57 HR at mouza Hudkeshwar and he entered into an agreement on 07.04.1986 in favour of the plaintiff and defendant no.2 for the sale thereof at the rate of Rs.40,500/- per Acre and all the proposed vendees paid an amount of Rs.10,000/- as earnest amount to him. It was also agreed that defendant