JUDGMENT

Hon'ble Saeed-Uz-Zaman Siddiqi,J.

The instant second appeal has been preferred against the judgment and decree dated 01.10.1993, passed by learned First Additional Civil Judge, Bahraich, in Civil Appeal No.2 of 1991, by which the Regular Civil Appeal was allowed and the judgment and decree dated 18.11.1989, passed by learned Vth Additional Munsif, Bahraich, in Original Suit No.135 of 1985 has been set aside.

2. Brief facts of the case are that the appellants filed suit for specific performance of contract relating to plot no.177/178 situated in Village Majhaw, Pargana Dharamapur, Tehsil Nanpara, District Bahraich, of which the defendant was bhumidhar. The said land was purchased by the defendant in auction from Cooperative Department vide sale deed dated 26.3.1982. At the time of purchase the defendant has obtained Rs.1500/- from the plaintiffs on the condition that he shall execute the sale deed of one acre of land so purchased in favour of the plaintiffs and registered agreement dated 26.3.1982 was executed between the parties. In furtherance of the execution of sale deed the defendant has delivered possession over one acre of land to the plaintiff and, as such, the defenda