JUDGEMENT

1. Delay condoned. Leave granted.

2. The only question for consideration in this appeal is whether the High Court should have interfered into a finding of fact arrived at by the trial court and the first appellate court under Section 100 of the Civil Procedure Code.

3. The suit is preferred by the appellant (plaintiff) for specific performance and declaration against respondent No.5 (defendant-first party) and respondent Nos.1 to 4 (defendants-second party).

4. The case of the plaintiff was that on 20th January, 1982 the defendant-first party sold 1 katha 6 dhurs of land in Plot No.29 of village Motihari to one Mahender Ram by registered sale deed. Subsequently, on 28th January, 1984 the defendant-first party entered into an agreement (Mahadanama) with the plaintiff for sale of rest of the land admeasuring an area of 5 kathas 6 dhurs of Plot No.29 of village Motihari as fully described in Schedule I of the plaint for which total consideration amount was fixed at Rs.3,000/- and an earnest money of Rs.1,500/- was paid by the plaintiff to the defendant-first party. The defendant-first party agreed to execute the sale deed by 15th March, 1984 after receiving the rest of the cons