HARI LAL AGRAWAL, J.

1. This appeal is by the plaintiffs who had instituted a suit for specific performance of a contract for sale of certain lands against defendants first and second parties. The properties in question are described in Schedules 3 and 4 to the plaint. They also claimed a decree for Rs. 1000.00 as damages on account of the non-fulfilment of the contract by the defendants. The agreement for sale of the lands in question was executed between the defendants first and second parties who are the principal defendants and the defendants third and fourth parties who have been impleaded as pro forma defendants, on 7.09.163. The agreement was for sale of 4.71 acres of raiyati land situate in village Manpura appertaining to khata No. 493 which is on the fringe of the town of Patna and is fully described in Schedule 2 of the plaint. The said land belongs to the four sets of defendants, each having 1/4th share in the same. The total consideration for the transaction was Rs. 91,932.00 out of which a sum of Rs. 4,000.00 was paid by the plaintiffs on the date of the execution of the deed of agreement on 7.09.1963, itself. The sale deed was to be executed by 31.12.1963.

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