BABU LAL AND ANOTHER Vs. RAKESH KUMAR

JUDGEMENT

(1.) The defendants are in appeal against the judgment and decree of both the Courts below by which suit filed by the plaintiffs for possession by way of specific performance of the agreement dated 16.11.2005 (Ex.P3) has been decreed and it has been ordered that since the balance sale consideration has already been paid by the plaintiffs vide FDR No.462979 dated 15.1.2010, the defendants should execute the sale deed in favour of the plaintiff, failing which the plaintiff would be entitled to get it executed through the agency of the Court.

(2.) The present appeal has been filed along with an application bearing CM No.3888-C-2014 filed under Section 5 of the Limitation Act, 1963 [for short 'the Act'] for condonation of delay of 776 days in filing of appeal. It is averred in the application that the applicants/appellants are rustic villagers and were unaware of the procedure of filing the appeal, therefore, they could not file it in time.

(3.) I have heard learned counsel for the appellants and perused the record.