JUDGMENT :

VED PRAKASH VAISH, J.

1. Heard Sri Mohd. Arif Khan, learned Senior. Advocate assisted by Sri Mohiuddin Khan, learned Counsel for the appellants and Sri Anurag Shukla, learned Counsel for the respondent.

2. The appellants have assailed the judgment and decree dated 4.12.2006 passed by learned Additional District Judge, Kheri, in Civil Appeal No. 4 of 2001, whereby the appeal filed by the appellants was dismissed.

3. The facts giving rise to the present appeal are that the respondent herein, Ram Chandra (now deceased) filed a suit for specific performance of contract bearing Original Suit No. 158 of 1989 titled as Ram Chandra v. Mohd. Yunus and others. The case of the respondent/plaintiff is that the defendants entered into an agreement to sell of their house situated at Mohalla Poorvi Dixitana, Town Gola, Pargana Hyderabad, District Lakhimpur Kheri, for a sum of Rs. one Lac, a sum of Rs. 52,000/- was paid as earnest money and an agreement to sell was executed on 29.7.1988 and the same was got registered in the office of Sub-Registrar, Mohmadi, District Lakhimpur kheri; it was agreed that the defendants will execute the sale-deed in respect of the said house within a period of