( 1 ) THIS is the first appeal purporting to be under S. 96 of the Civil P. C. directed against the judgement and decree passed on 24-5-1976 by Mr. M. C. Jain, the then Civil Judge, Farrukhabad. The learned Judge decreed the suit of the plaintiffs, namely, Ram Lal, Jauhari Lal, Mithu Lal and Madan Singh for specific performance of a contract to sell, against Smt. Phoolmati and her vendees who are now the appellants Nos. 1, 2 and 3.

( 2 ) BRIEFLY stated the facts of the case were that a deed in the nature of agreement to sell was executed on 11-2-1974 by Smt. Phoolmati in favour of the plaintiffs and defendants Nos. 5, 6 and 7. It was in respect of agricultural plots detailed at the foot of the plaint and the agreement was that after the conclusion of the partition proceedings and after obtaining the Sirdari rights in respect thereto, the deed of sale shall be executed. Consideration was agreed to be Rs. 22,000/ -. On 11-2-1974, an earnest of Rs. 10,000/- was paid to the defendant No. 1, Smt. Phoolmati by the plaintiffs and the defendants Nos. 5, 6 and 7. These persons were never willing and ready to perform their part of contract by getting the sale deed executed af