S. B. SINHA, J. : - This appeal is directed against a judgment and order dated 29 -1 -1998 passed by the Calcutta High Court in Second Appeal No. 8870 1991 affirming the judgment and order dated 29 -6 -1990 passed by the learne Asstt. District Judge, Ghatal, District Midnapore, West Bengal in Title Appe No. 74 of 1989 whereby and whereunder an appeal against the judgment date 31 -8 -1989 passed by the learned Munsif, Ghatal, District Midnapore, Wes Bengal in Title Suit No. 133 of 1985 was dismissed.

2. The basic fact of the matter is not much in dispute. Respondent 2 herein (the Company) is a company registered and incorporated under the Companies Act, 1956. The said Company held and possessed the suit property situated in the district of Midnapore in the State of West Bengal. It intended to sell the said property. Respondents 1 and 2 having come to know of the said intention on the part of the Company entered into an agreement for sale thereof, wherefor a sum of Rs. 6000 was paid to the Company by way of advance. The balance amount was to be paid within a period of fourteen months. As the title of respondent 2 in respect of the said property was not clear, the Comp