JUDGMENT :

Jahangir Jamshed Munir, J.

1. This second appeal by the defendant is directed against a judgment and decree of Shri Subodh Kumar, the then XIIth Additional District Judge, Allahabad, dated 31.8.1998 passed in Civil Appeal No. 139 of 1985, allowing the said appeal by the plaintiff and reversing an original decree of Shri B.B. Singh, the then Munsif (East), Allahabad, passed in Original Suit No. 572 of 1983, dismissing the plaintiff-respondent's suit for specific performance of contract and alternate relief for refund of earnest money with interest.

2. The facts giving rise to this appeal are these: that the plaintiff-respondent, Ajayab Lal, who shall hereinafter be referred to as the plaintiff, instituted Original Suit No. 572 of 1983 with averments to the effect that Ram Nihor, defendant-appellant No. 1, since deceased, and now represented before this Court by his heirs and legal representatives, appellants Nos. 1/1 to 1/5, was the owner of the property as detailed at the foot of the plaint. The original defendant-appellant, Ram Nihor will hereinafter be referred to as the defendant, and for the sake of convenience, would be construed to bear reference to his five heirs and