L.N.Mittal, J.

1. Legal representatives of original plaintiff Jaswant Singh have preferred the instant second appeal after they were successful in the trial court, but have been non-suited by the lower appellate court.

2. Jaswant Singh - plaintiff filed suit against Dayal Singh - defendant (since deceased and represented by respondents as his legal heirs). In fact, one of the legal representatives of plaintiff and defendant each has also since died and they are represented by the remaining legal representatives.

3. Plaintiff alleged that on 02.05.1973, defendant Dayal Singh entered into agreement to sell the suit land to the plaintiff and received Rs. 5,000/- as earnest money. Thereafter, another agreement to sell dated 06.08.1984 was entered into between the parties for sale of the suit land by defendant to plaintiff for total consideration of Rs. 64,575/- in supersession of the first agreement. Earnest money of Rs. 5,000/- given under the first agreement was adjusted in the second agreement. It was stipulated in the second agreement that plaintiff shall pay Rs. 30,000/- to the defendant as further part sale consideration up to 15.11.1984. It was further stipulated in the