S.B.SHUKRE, J.

This is an appeal preferred against the judgment and order dated 25th September 1998 passed in First Appeal No.563/1982 thereby allowing the appeal and partly decreeing the suit of the appellants by declaring that they are entitled to refund of Rs.25,001/together with interest at the rate of 6% per annum from the date of suit till the date of realization of the amount from the respondent.

2. The appellants are the original plaintiffs and the respondent is the original defendant No.1. A suit was filed by the appellants claiming decree of specific performance of oral agreement of lease and also decree of possession of suit premises. The suit premises is a shop in the building constructed on the land bearing CTS No.1049 situated at Pune. It was the case of the appellants that an oral agreement was entered into between them and the respondent whereby appellants were to pay to the respondent an advance of Rs.51,300/by way of construction loan and it was agreed that in lieu thereof, the respondent would let out the suit premises to the appellants on monthly rent of Rs.850/. Towards part performance of the oral agreement, the appellants paid an amount of Rs.25,001/t