S.K.Katriar, J.

1. The plaintiff is the appellant against a judgment of reversal. This appeal is directed against the judgment and decree dated 9.6.98, passed by the learned 7th Addl. District Judge, Begusarai, in M.T.A. No. 17 of 1991 (Satya Narain Sahu V/s. Ram Charitra Mahto), whereby the defendants appeal was allowed, and the judgment and decree dated 18.7.91, passed by the learned Munsif, second court, Begusarai, in Title Suit No. 58 of 1989 (Ram Charitra Mahto V/s. Satya Narain Sahu), has been set aside. The learned trial court had decreed the suit for specific performance of contract. We shall go by the description of the parties obtaining in the plaint.

2. The plaintiff (the appellant herein) had instituted the suit for specific performance of contract with the defendant (respondent). The plaintiffs case as stated in the plaint is that the defendant (respondent herein) had executed a Mahadnama (Ext.5), being an agreement for sale, for sale of a plot of land, bearing Khesra nos. 2696 and 2697, appertaining to Khata no. 2442, Tauzi no. 826, covering an area of 18 dhurs and 5 dhurkis with a house situate thereon for a total consideration money of Rs. 8,000/-. The plain