Hon’ble Prakash Krishna, J.—The above appeal under Section 96 of CPC is against the judgment and decree dated 8.12.2004 passed by Civil Judge (Senior Division) Allahabad in Original Suit No. 104 of 2000 (Smt. Sarita Rastogi v. Ramesh Chandra and others), where by the Court below has decreed the suit for specific performance of contract to sell dated 15.11.1988 and 16.11.1988 by providing that the defendants will execute the sale-deed after giving adjustment of Rs. 3,15,000/- out of Rs. 6,00,000/-, within one month. The plaintiff, in pursuance of the finding returned under issue No. 3 shall deposit the balance Court fees.

2. The respondent wherein instituted the aforesaid mentioned suit on the allegations that the defendants (appellants herein) on 15.11.1988 agreed to sell a parcel of land measuring 88 x 127 square meters (1003.32 square meters) for a sum of Rs. 3,60,000/- out of which 75,000/- was given, as advance. It was agreed that the said parcel of land being Nazul property (lease hold property), the defendants will get the lease renewed and shall obtain permission from the State Government/Collector to sell the plot in favour of the plaintiff. The State Government san