JUDGMENT – Leave granted.

(2). Though the respondents have been served, the second respondent has filed a photo-copy of the Power of Attorney on behalf of respondents Nos.1 and 3 to 6 but when the Registry directed him to produce the original he failed to do the same. He is also not present in the Court. One Shyam Lal, son of Prabhu Lal Kayasth had laid the suit for specific performance; the Civil Judge dismissed the suit but on appeal No. 16/1973 by judgment and decree dated October 18, 1973, the suit was decreed as under :

``Appeal is accepted with cost. Judgment and decree under appeal is set aside and suit for specific performance of contract is decreed with costs that defendants as per contract Ex. 1 at 1.9.66 shall execute sale deed within 3 months and plaintiff shall pay the balance sum to the defendant in the said period, otherwise plaintiff shall be entilled to get the sale deed executed of the disputed property as per the law depositing the balance amount in the Court within two months.

(3). In the suit there was prayer of specific performance with possession of the property in prayer I thus :

``It be decreed that defendants should perform their part of the contract regarding

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