Hon’ble Siddharth, J.—Heard Sri Kripa Shankar Singh, learned counsel for the appellants and Sri Arvind Srivastava III, learned counsel for the respondents.

2. This is defendant’s second appeal against the judgment and decree dated 22.12.1990 passed by Additional District Judge, E.C. Act, Mainpuri in Civil Appeal No. 135 of 1989 in Civil Appeal No. allowing the Civil Appeal of the plaintiff and setting aside the judgment and decree dated 12.5.1989 passed by Civil Judge, Mainpuri in Original Suit No. 56 of 1985.

3. Plaintiff instituted the suit praying for a decree of specific performance of contract of sale dated 11.7.1984. Alternative relief of refund of advance sale consideration of Rs. 2000/- was also prayed.

4. Plaintiff’s case is that she entered into an agreement to sell with defendant No. 1, Devi Dayal, on 11.7.1984 which was registered on 31.7.1984; that the land agreed to be sold was situated in Abadi, Mohalla Bada Bazar, Kasba, Bhugaon, District Judge, Mainpuri; that the total sale consideration was Rs. 14,000/- out of which Rs. 2000/- was paid as advance; that Rs. 12,000/- was to be paid at the time of registration of the sale-deed; that the plaintiff had always b