Honble Pankaj Mithal, J.—This second appeal has been preferred by the defendants of Original Suit No. 210 of 1984 (Achchey Lal Gupta and others v. Indra Kumar Kushwaha and others) after the suit for specific performance of the agreement to sell had been decreed against them by the two Courts below.

2. The defendants Indra Kumar Kushwaha and Raja Ram Kushwaha were undisputedly the Bhoomidhars with transferable rights in possession of the following plots of land situate in Tafsil Jail Waka Mauja Banakteechak, Tappa Kasba, Pargana Haweli, Tehsil Sadar, District Gorakhpur :

Arazi No. Rakba

15 -0-9-1/2

16 -12-1/2

17 -9-9-

18 -32-3-

19 -2-7-

20 -25-2-

25 -6-6-

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Total 90 Decimal

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3. In the suit instituted by plaintiffs it is said that the aforesaid two defendants were in need of money and, therefore, they executed an agreement to sell the aforesaid land on 7.7.1973 in favour of Shiv Poojan and Achche Lal Gupta for a total sale consideration of Rs. 70,000/-, out of which Rs. 10,000/- was paid in advance and the