ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment of the madhya Pradesh High Court, Indore Bench dismissing LPA No. 16 of 1993 filed by the appellant Rameshwar Prasad. In this appeal the legal representatives of Rameshwar Prasad have been impleaded after his death. By the impugned judgment by which two LPAs. i. e. LPA Nos. 16 and 19 of 1993 were disposed of. LPA No. 16 of 1993 was filed by Rameshwar prasad whereas other LPA was filed by the present respondent basanti Lal. Rameshwar Prasad had filed a suit for the relief of specific performance of contract. The trial court granted the relief of specific performance of the contract. First appeal no. 45 of 1976 was filed by Basanti Lal, the respondent. The appeal was allowed and the judgment and decree of the trial court was set aside on the following terms:

a) That the appellant shall refund the sum of Rs. 3000/- as agreed in Ex. P/3 to the respondent by payment or deposit in trial court within a period of one month from today.

b) That the respondent on payment or deposit of this amount, shall put the appellant in vacant. possession of the property covered by Ex. P/3 within a period of 15 days thereafter on analogy