JUDGMENT :

1. This Second Appeal arises out of judgment and order passed by the learned District Judge, Latur in RCA No. 42 of 1995, allowing an appeal thereby setting aside the judgment and decree of the trial Court and substituting the same. The appellants are the original defendants in a suit for specific performance of contract. The trial Court while partly decreeing the suit, directed appellants/defendants to refund an earnest money. Whereas, the appellate Court by way if impugned judgment directed appellants/defendants to execute a sale deed of the suit land. The appellants/original defendants are thus before this Court. The parties are hereinafter referred to as per their original status in the suit.

2. The facts in short are that the plaintiff had filed a suit for specific performance of contract and for perpetual injunction. All the appellants are legal representatives of deceased Devidas, who was occupier of the land block No. 9, to the extent of 10 Acres 31 Guntha from North-East corner, situated at village Murud, Akola, Taluka Latur. The defendant was not personally cultivating the suit land, it was given to the plaintiff for cultivation on crop share basis, since 1979. F