A.B. CHAUDHARI, J.

1. Being aggrieved by the judgment and decree dated 26th August, 1992 in Civil Appeal No. 512 of 1986 passed by 7th Additional District Judge, Nasik by which the appeal was partly allowed and the decree for execution of sale deed in favour of the appellants plaintiffs in Special Civil Suit No. 63 of 1982 passed on 27th June, 1986 by Joint Civil Judge, Senior Division, Nasik was modified only to the extent of 1/5th share of deceased Ramchandra Tukaram Kasbe, the present Appeal was filed by the partly unsuccessful plaintiffs.

The facts of the case are as follows:

2. The appellants plaintiffs who are the original plaintiffs filed Special Civil Suit No. 63 of 1982 and stated that the suit land Gut No. 368 admeasuring 4H 69.4R belonging to the defendant Ramchandra Tukaram Kasbe was agreed to be sold to the plaintiffs by him for a total consideration of Rs. 24,200/. The defendant Ramchandra had mortgaged the land with Nasik District Coop. Land Development Bank for sinking the well in Gut No. 109 in the year 1970 but he could not repay the loan and the bank had threatened to put his land to auction in the year 1981. Respondent defendant had no other option than to