JUDGMENT

SHINGHAL, J.:—This is an appeal by the defendants on a certificate granted by the High Court of Judicature at Patna under Art. 133 (1) (a) of the Constitution. The facts giving rise to it are quite simple, and may be shortly stated.

2. Respondent Badri Bishal Dhandhania filed a suit for specific performance of a contract for the sale of certain immovable properties by the appellants. The parties arrived at a compromise, and the trial Court decreed the suit. It was agreed in terms of the compromise petition dated May 17, 1965 that the defendants would pay Rs. 7000/- to the plaintiff towards the costs of the suit, that amount would be set off against the consideration for the sale, and defendants 1 to 4 would execute a "kebala" in favour of the "plaintiff or his nominee or nominees" in respect of the suit properties, and get the same registered by November 30, 1965. The plaintiff on his part agreed and undertook that on such execution he would pay defendant No. 1 a sum of Rs. 1,19,999/- on account of the balance of the consideration of Rs. 1,25,000/- after deducting Rs. 5,001/- on account of earnest money already paid by him to defendant No. 1, and that if the defendant faile