JUDGMENT :

1. Heard Sri Kshitij Shailendra, learned counsel for the appellants and Sri Ravi Kant, learned Senior Counsel, assisted by Sri Tarun Agrawal, learned counsel for the respondents.

2. This is defendant-III set/appellants’ second appeal under Section 100 C.P.C. challenging the judgment and decree dated 19.01.2022 passed by the District Judge, Aligarh in Civil Appeal No. 132 of 2016 arising out of Original Suit No. 849 of 1987, and judgment and decree dated 28.10.2016 passed by the Additional Civil Judge (Senior Division), Court No. 2, Aligarh in Original Suit No. 849 of 1987.

3. This appeal has a chequered history. A brief description is necessary for better appreciation of the case, which is as follows;

4. Plaintiff respondent nos. 1 and 2 entered into a registered agreement of sale with one Jaswant Singh, the original defendant Ist set/respondent on 26.08.1985 for the sale of bhumidhari land for Rs. 98,195 for which an advance of Rs. 5000/-was given at the time of agreement of sale and balance amount of Rs. 93,195/-was to be paid by the plaintiff respondent at the time of execution of sale-deed. According to the agreement to sale the sale-deed was to be executed within four m