A.K. Shrivastava, J.

1. Feeling aggrieved by the judgment and decree dated 04.08.1995 passed by learned Second Additional District Judge, Hoshangabad in Civil Suit No. 19-A/1991 (Old No. 91-/1986) whereby the suit of plaintiff-respondent has been decreed, this appeal under Section 96 of the CPC has been filed by the defendants no. 1 to 4-appellants. In the Trial Court the suit has been filed by Rameshwar Dayal Shrivastava against Prem Narayan alias Rabude however during the pendency of the suit the defendant died and present appellants as well as respondent no. 2 Smt. Sangeeta were brought on record as defendants, however, the fifth defendant (respondent no. 2) Smt. Sangeeta was proceeded ex parte.

2. The facts in compendium are that a suit for specific performance of contract has been filed by the plaintiff-first respondent in respect to a double-storeyed house, the description whereof has been mentioned in the plaint and which is the subject matter of the suit. According to the plaintiff in order to contest the election the original defendant Prem Narayan was in need of money, as a result of which, he gave an offer to the plaintiff to purchase his house for a consideration