VIVEK AGARWAL,J. - (1.) Heard Sri Manish Kumar Niranjan, learned counsel for the appellants and Sri Arvind Srivastava, learned counsel for the respondents.
(2.) This second appeal under Section 100 of C.P.C. has been filed by the appellant/defendant being aggrieved by judgment dated 17.09.2019 passed by learned Additional District Judge/Special Judge (Dacoity Affected Area), Jhansi in Civil Appeal No. 51 of 1991 whereby the learned First Appellate Court has affirmed the judgment and decree passed by the learned Trial Court in Original Suit No. 132 of 1989 (Ajay Kant vs. Dhanoo).
(3.) Brief facts leading to the present second appeal are that admittedly an agreement was executed between Dhanoo, who was grandfather of the present appellants with the respondents on 11.07.1986 to sell 6.50 dismil of his land situated in Survey No. 67 situated at Village- Gadhooka, Tehsil- Moth, District- Jhansi for a total consideration of Rs. 45,000/-. Out of this total sale consideration, a sum of Rs. 10,500/- was received by said Sri Dhanoo at the time of execution of the agreement and it was agreed that since crops were standing on the field, therefore, defendant shall execute the sale deed after 15.02.1987 after receiving the remaining sale consideration. Suit for specific performance was decreed against which regular civil appeal was filed by the present appellants which was dismissed against which Second Appeal No. 228 of 1995 was filed. This Second Appeal No. 228 of 1995 was decided by a coordinate Bench of this Court vide order dated 22.04.2019. Vide order dated 22.04.2019, the learned Single Judge remanded the matter to the learned First Appellate Court, being a last court of fact to record a finding of readiness and willingness of the plaintiff. ;