JUDGMENT :

SUDESH BANSAL, J.

1. This civil first appeal under Section 96 of Civil Procedure Code has been filed by appellant-defendant No. 2 assailing the judgment and decree dated 19.09.1989 passed by the Court of Additional District Judge, Dholpur in Civil Suit No. 36/1983 titled Lallu Basant Singh vs. Naseer Ahamd and Another whereby and whereunder civil suit for specific performance of an agreement to sell dated 09.06.1978 has been decreed and defendant Nos. 1 and 2 have been directed to execute the sale deed and hand over possession of the house in question to respondent-plaintiff, after receiving balance sale consideration of Rs. 4,000/-.

2. Parties to the present appeal would be referred hereinafter with the same nomenclature as were called before the trial court i.e. appellant as defendant No. 2, plaintiff as respondent No. 1 and respondent No. 2 as defendant No. 1.

2.1 It may be noticed that during pedency of this first appeal, plaintiff and defendant No. 2 have passed away and their legal heirs have come on record. As far as defendant No. 1-Naseer Ahmad is concerned, initially he was party in the present first appeal as respondent No. 2 but he died on 20.04.1995 and thereafte