1. Mr. Bhupendra Singh, who was the defendant no.3 in Original Suit No.196 of 1991, has come up in the Second Appeal against the judgment and order dated 24.02.2016, passed by First Additional District Judge, dismissing his First Appeal No.8 of 2016 as well as Civil Revision No.5 of 2016.

2. Having heard, it transpires that Smt. Vimla entered into an agreement to sale dated 28.11.1980/29.06.1981 in favour of Mr. Tribhuwan Kishor Sharma but she could not carry out such agreement.

3. It appears that Smt. Vimla changed her mind and executed a Sale Deed in favour of Mr. Bhupendra Singh on 19.04.1991, who was tenant of the same property since 1952.

4. Somehow, Mr. Sharma knew about the change of her mind and mischief, played beyond the terms of contract, so a notice was issued on 23.04.1991 asking Smt. Vimla to perform her part of contract.

5. Obviously, Smt. Vimla was unable to execute another Sale Deed, so Mr. Sharma instituted an Original Suit for specific performance of contract impleading Smt. Vimla and Sri Bhupendra Singh as the defendants.

6. In such Suit, defendants filed their written statements. During pendency of the Suit, Smt. Vimla passed away and somehow, her legal he