JUDGMENT :

1. Heard Shri M.D.Singh Shekhar, learned Senior Counsel assisted by Shri R.D.Tiwari, learned counsel for the appellant and Shri S.K.Verma and Shri S.K.Singh, learned counsel for the contesting respondents on admission of the instant appeal and perused the record placed on the Board.

2. Suit for mandatory injunction for issuing a direction against the defendants-appellants to execute the registered sale deed in favour of the plaintiff-respondent with respect to plot no. C-107 area 300 sq. yards situated in Ganga Vihar Colony (Pink City), Gram Sadullabad Pargana Loni, Tehsil and District Ghaziabad after receiving the balance amount of Rs. 252.70 and to declare the cancellation letter dated 7.10.2011 null and void filed on behalf of the plaintiff-respondent has concurrently been decreed by both the courts below. Having been aggrieved against the decreetal of suit, defendants-appellants have preferred the instant second appeal assailing the judgment and decree dated 17.1.2023 passed by the learned District Judge, Ghaziabad in Civil Appeal No. 117/19 affirming the judgment and decree dated 3.9.2019 passed by the Civil Judge (Senior Division)/Fast Track Court, Ghaziabad in Origi