JUDGMENT :

1. This is the plaintiff's second appeal assailing a judgment of reversal passed by the lower appellate Court in Civil Appeal No. 39 of 1982 dated 28.04.1986 whereby the suit bearing R.S. No. 167 of 1980 for specific performance of contract of the plaintiff, which was decreed by the trial Court by means of judgment and decree dated 23.12.1981 was set aside and dismissed by the lower appellate Court.

2. The instant second appeal was admitted by the Court on 15.07.1986 and on the application for interim relief moved by the plaintiff-appellant, it was provided that in case, if the plaintiff is in possession, it shall not be disturbed in execution of the decree. During pendency of the instant second appeal, the original plaintiff, namely, Ram Dev and the defendants-respondents Paras Nath and Raj Karan Verma expired and the legal heirs have been brought on record.

3. The Court has heard Shri Mukesh Sharma, learned counsel for the appellant and Ms. Atiya Abid, learned counsel for the respondents.

4. Before adverting to the substantial questions of law, it will be appropriate to take a glance at the facts giving rise to the instant appeal.

5. Shri Ram Dev, the original plaintiff ins