Hon’ble Anil Kumar, J.—Heard Shri Jaspreet Singh, learned counsel for the appellant No. 1/1 and Shri Hari Om Singh, learned counsel for the respondent and perused the record.

2. Controversy involved in the present case is that Sri Syed Mohd. Mutahir Rizvi (now deceased) in the capacity of General Agent/power of Attorney Holder of the other appellants/defendants/co-owners, namely, Syed Mohd. Tahir Rizvi, Smt. Kahrim Nisan, Akhtarun Nisan, entered into an agreement dated 6.5.1974 with Sri Subhash Singh/plaintiff (now deceased) for selling of a house situated in Lakhipur City, Mohalla Nai Basti, Near Sadar Chauraha in which City Post Office is a tenant (hereinafter referred as the premises) bounded as under :

East - House of Smt. Raj Rani W/o Gurbachan Singh

West - Main Road

North - Kharanja Road

South - Rental House of Keshav Company

3. While entering into an agreement for sale dated 6.5.1974 in respect to premises with plaintiffs/respondents, the appellants agreed to sell the same for Rs. 62,000/- out of which Rs. 7,000/- was paid as earnest money.

4. According to the terms of the agreement, the appellants/defendants had to apply for permission to District Magistrate. for tr