Mukta Gupta, J.

1. Non performance of a 44 year old agreement resulting in filing of the suit and the present appeal has witnessed not only the original contracting parties but members of their next generations also expire, and thus, this Appeal has been flooded with endless applications for substitution of legal heirs of both the Appellants and the Respondents. The delay not only led to the legal heirs being substituted but also the Appellants assigning their rights to a third party in the present appeal against the impugned judgment and decree dated 3rd October, 1974 passed by a learned Single Judge of this Court.

2. Brief facts relevant to the present appeal are that on 30th May/2nd June, 1966, Ram Lal Anand (hereinafter called "the vendor") entered into an agreement with one Keshav Swarup Bhatnagar (hereinafter called "the vendee") for the sale of his house No. 4-D, Ata-ur-Rehman Lane, Underhill Road, Delhi for a sum of Rs. 3,55,000/-. A sum of Rs. 30,000/- by way of cheque was paid as earnest money and the balance was to be paid at the time of registration of the sale deed or before by mutual agreement. The relevant portions of the agreement to sell Ex. P-203, entered into betwe