( 1 ) THIS is a second appeal by the defendants-appellants against the judgement and decree of the learned I Temporary Civil and Sessions Judge, Farrukhabad, decreeing the suit of the plaintiff-respondent for specific performance, directing that a sale deed pursuant to the registered agreement to sell dt. 13-4-1966 shall be execute either by Sri Jagdish Prasad, son of Sri Sita Ram Das, erstwhile Sarbarakar of the appellant 2, who is deity, or by the Sarbarakar, whosoever is there at the relevant time and thereby reversing the judgement and decree of the trial Court dismissing the suit of the plaintiff.

( 2 ) THE plaintiff filed a suit against the defendants that Sri Sita Ram Das, who was the Sarbarakar of the deity (defendant 1) had entered into an agreement to sell, which was registered on 13th Apr. , 1966, with the plaintiff. The defendant 1 was a Bhumidhar of plot No. 799 measuring 43. The temple, in which the idol was situated, was in dilapidated condition and that required immediate repairs. The Sarabarakar, namely, Sri Sita Ram Das, thus, had the legal necessity of sale and he had entered into an agreement to sell vide registered deed of 13th Apr. , 1966, to tra