V.M.Jain, J.

1. This regular second appeal has been filed by plaintiff appellant Daulat Ram, against judgments and decrees of the courts below whereby the suit filed by the plaintiff was dismissed by the trial court and the appeal filed by him was also dismissed by the learned Addl. Distt. Judge.

2. Plaintiff had filed a suit for possession by way of specific performance of the agreement to sell dated 12.11.1998. As per the said agreement to sell, the defendant was required to execute the sale deed on 31.1.1989. As per the plaintiff, he was always ready and willing to perform his part of the agreement, whereas defendant had failed to execute the sale deed. Hence, suit for possession by way of specific performance of the said agreement was filed by the plaintiff on 23,12.1989. In the written statement, the defendants took preliminary objection that the suit was barred under Order 2 Rule 2 CPC. It was alleged that previous suit filed by the plaintiff against defendants in respect of the suit land was dismissed on 22.3.1990. It was alleged that the power of attorney executed by defendant No. 2 Smt. Surti in favour of defendant No. 1 Hari Ram, was revoked on 20.1.1989 and due n