( 1 ) THE judgment in this appeal shall also govern disposal of First Appeal no. 70 of 1994, Smt. Krishnadevi v. Bramh swarup and others.

( 2 ) RESPONDENT-PLAINTIFF, Bhagwan swarup, had filed a Civil Suit No. 33-A/1991 for specific performance of contract on the ground that plaintiff is occupying a portion of the house No. 46/120 situated in Tamakhuwali ali, Madhogan], Lashkar, Gwalior, as a tenant and on 3-4-1981 deceased Dwarka Prasad, owner of the house entered into an agreement to sell this house to the plaintiff for Rs. 40,000/- out of which Rs. 20,000/- was paid on the same day as advance and Rs. 10,000/- were received on 2-8-1981 while the remaining amount of consideration was agreed to be paid at the time of execution of the sale-deed. It was also agreed that the seller would deliver vacant possession of the house after getting it vacated from the possession of other tenants and in case, if he fails to do so he would make a rebate of Rs. 5000/- from the amount of consideration for this purpose. Unfortunately, dwarka Prasad expired on 14-8-1981 and his widow, appellant Bhagwatibai refused to perform her part of contract even after service of notice on her whi