JUDGMENT :

1. Heard Shri Nirmal Tiwari, learned counsel for the appellants and Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Aslam Khan, learned counsel for the respondents.

2. This is the defendants' second appeal against the judgment of reversal passed by the Additional District Judge, Court No.7, Unnao in R.C.A. No.9/2000 whereby it allowed the appeal of the plaintiffs-respondents bearing R.C.A. No.9/2000 and dismissed the R.C.A. No.43/2002 preferred by the appellants herein as a result the suit filed by the respondents for specific performance of contract stood decreed.

3. In order to put the controversy in a perspective, certain facts giving rise to this second appeal are being noticed first.

4. Smt. Meharunnishan and Kamal Ali were the original plaintiffs of R.S. No.105/1978 which was filed in the Court of Munsif, North, Unnao (now the Court of Civil Judge (J.D.), North, Unnao) against Shri Chhedua (original owner of the property, who died during pendency of the suit and now is represented by his heirs) and also against Shri Darshan (the subsequent purchaser of the property of Chhedua), who also died during pendency of the appeal before the lower appellate