JUDGMENT

N.N. Mithal, J. - This is a second appeal by the Defendants against the judgment and decree passed by the Court below in a suit for specific performance of contract of sale.

2. The Plaintiffs alleged that the Defendants, first set, were residents of village Gauna Tappa Kenwali Pargana Haveli district Gorakhpur where they bad their residential house and also cultivatory land. The Defendants first set also owned some bhumidhari land in village Shyam Dewrwa including plot No. 370. The entire bhumidhari land of this village was transferred by them to the Plaintiffs through two sale deeds except plot No. 370 because in the revenue records its khasra number had been wrongly mentioned as plot No. 317 which required to be corrected. According to the Plaintiffs in March, 1968 the parties negotiated the sale of this plot also in fovour of the Plaintiffs and it was agreed that the Defendants first set will first get the number of the plots corrected in the revenue records within six months and thereafter execute a sale deed in favour of the Plaintiffs. The earnest money was received by the Defendants first set on 8th March, 1968 when an agreement of sale was also executed. It is also a