( 1 ) HEARD learned senior counsel assisted by Sri Ashish Kumar Singh learned counsel for the plaintiff-appellant and Sri Narendra Mohan learned counsel for the defendant-respondent nos. 9 and 10. This second appeal is being decided finally today itself with the consent of learned counsel for the parties.

( 2 ) THE plaintiff-appellant had filed a suit for specific performance with an alternative relief for recovery of the amount given by her in advance under the agreement of sale dated 18. 04. 78 against respondent no. 1. The plaintiff-appellants case was that she had entered into an agreement of sale and given advance for purchase of the house situate in Mohalla - Dhuniyana Tola, Mirzapur City which was purchased by the predecessor-in-interest of the respondent by two sale deeds in the year 1943 and 1947. The respondent no. 1 had accepted an advance of Rs. 2,000/- and the respondent no. 1 along with respondent nos. 2 to 5 who were her major son and daughters had signed the agreement whereas the respondent nos. 6 to 8 being minor children were represented through respondent no. 1 their natural mother Smt Hamidul Bibi. The agreement of sale was registered and it was