P.K.Deb, J.

1. This appeal has been preferred against the judgment and decree dated 21-7-1988 and 30-7-1988 respectively passed by the then Sub-Judge, IVth Court, Dhanbad, in Title Suit No. 6 of 1982 whereby and whereunder the plaintiffs suit for specific performance has been dismissed.

2. The facts of the case run in a narrow compass. The suit property situates in Plot No. 2485 Khata No. 60 of Mouza Hirapur, District Dhanbad, having a building thereon. The plaintiffs-appellants case is that there was an agreement between the plaintiffs on one side and the father of the defendant, namely, Ram Swarup Agarwalla on the other side for sale of the house and the property for stipulated consideration of Rs. 90,000.00 . Such agreement was arrived at in writing on 26-5-1979 vide Ext. 5. As per the terms of the agreement, Ram Swarup Agarwalla would seek permission from the Deputy Collector, Urban Ceiling Office, Dhanbad, within a year next and thereafter receipt of permission would executed sale-deed by taking the balance amount of Rs. 86,999.00 . However, by the agreement itself, Rs. 3,001.00 towards the consideration amount had already been received by the predecessor of the defend