JUDGMENT

R.V. Raveendran, J.

1. Plaintiffs in a suit for specific performance, aggrieved by the judgment and decree of the Patna High Court dated 3.1.2002 dismissing his second appeal against the decision of the first appellate court dated 16.12.1997 dismissing their suit (in reversal of the judgment and decree of the trial court dated 27.8.1990 decreeing the suit) have filed this appeal by special leave.

2. The case of the Appellants in brief is as under: The second Respondent was the owner of the suit property. The second Respondent executed a sale deed dated 22.2.1988 (registered on 7.3.1988) in respect of the suit property in favour of the Appellants, for a consideration of Rs. 22000/-; that Rs. 17,000 was paid by the Appellants to the second Respondent, at the time of execution and registration of sale deed; that the balance of Rs. 5000 was to be paid subsequently, when the vendor requested for the said payment; that the second Respondent retained the registration receipt in regard to the sale deed, agreeing to deliver it to the Appellants against payment of the balance sale consideration; that on execution of the sale deed, by the second Respondent, his right, title and interest