RAM NANDAN PRASAD, J.

1. This appeal by the defendants, is directed against the decision given by the Additional Subordinate Judge, VIth Court, Patna, whereby he decreed the suit of the plaintiffs for specific performance of contract.

2. The case of the plaintiffs is that defendant No. 1 Diwali Lal and father of defendant No. 3, namely, late Hazari Lal who were full brothers, were carrying on business under the name and style of Bhagwan Das Baijnath Lal at Padri Ki Haveli, Patna City. After the death of Hazari Lal, defendants Nos. 2 and 3 carried on the said business along with defendant No. 1 under the Kartaship of the latter. Their business, however, suffered loss and they became indebted to different persons and eventually the business was closed in 1971. They used to take loans from the plaintiffs as well and they had become debtor to them to the tune of Rs. 34000/-. They owed money to the other creditors as well. When the creditors started pressing for the repayment of the loans the defendants decided to sell the suit property which is a double storied building over an area of 68 karris bearing plot Nos. 2492 and 2493 situate in Mohalla Kasera Galli, within Khajekalan