Hon’ble Sudhir Agarwal, J.—Heard Sri K.S. Chauhan, learned counsel for appellants and Sri M.M. Jain, Advocate, holding brief of Sri M.L. Jain, learned counsel for respondent.

2. This is defendants’ appeal. The defendant-appellant No. 1, Jor Singh, was Bhumidhar of plot No. 227 area 1.59 acres, and plot No. 251 area 1 dismal, situate at mauza Kathphori, Tehsil Shikohabad, District Firozabad. He executed an agreement to sell on 22.5.1984 in respect of the entire land, as above, with one Om Prakash. Having failed to get executed sale-deed in his favour, Sri Om Prakash instituted a suit for specific performance of the contract, registered as Original Suit No. 105 of 1986 in the Court of Civil Judge, Mainpuri but the same was dismissed as withdrawn, on 26.8.1987.

3. Thereafter, defendant-appellant No. 1 executed an agreement for sale with the plaintiff-respondent on 24.8.1987 but failed to honour the same and instead executed another agreement with him on 5.8.1988, stipulating therein that the sale-deed shall be executed within one year. The consideration was Rs. 40,000/- out of which Rs. 25,000/- was already paid to defendant-appellant No. 1.

4. Since defendant-appellant No. 1