Hon’ble Siddhartha Varma, J.—This second appeal has been filed against the judgement and decree dated 23.8.1988 passed by Additional District and Sessions Judge, Azamgarh.

2. The plaintiffs filed Original Suit No. 636 of 1984 on 25.7.1984 with a relief for the specific performance of a contract, alleging that the defendant, an owner of an area admeasuring 466 kadis, after taking Rs. 4,000/- as earnest money and after entering into an agreement to sell on 12.9.1975, was not executing the sale-deed. The defendant denied the agreement and also raised the question of limitation, saying that the suit was barred by limitation. He also laid stress on the fact that the Suit itself was barred by Section 49 of the Consolidation of Holdings Act. The trial Court decreed the Suit directing the defendant to execute the sale-deed after receiving the remaining sum of Rs. 500/-. After the suit was decreed on 16.8.1985, the defendant filed a first appeal where it transpired that the plot numbers and their respective areas as were given out in the agreement had changed way back on 1.3.1973 and that on the day when the agreement was entered into i.e. on 12.9.1975, the defendant was the owner a