R.N.Prasad, J.

1. The Letters Patent Appeal has been filed against the judgment and decree dated 10-4-1991 passed in F.A. No. 300/81 whereby the judgment and decree dated 16-5.1981 passed in T.S. No. 66/46 of 1978/80 declaring the compromise judgment and decree passed on 12-1-1978 in T.S. No. 33/77 null and void, has been reversed.

2. During pendency of Letters Patent Appeal, Appellant No. 1, namely, Ram Udgar Mahto and Respondent No. 1, namely, Ram Prasad, Rai died., Their heirs were substituted. However, Ram Udgar Mahto and Ram Prasad Rai hereinafter shall be referred to as Appellant No. 1 and Respondent No. 1 respectively for the sake of brevity and clarity.

3. Ram Prasad Rai (deceased) Respondent No. 1, filed T.S. No. 33/77 against the appellants for specific performance of contract stating therein that the Appellant No. 1, Ram Udgar Mahto (deceased) who was in need of money for paying sudbharana money approached him for sale of 2 bighas 12 kathas 12 1/2 dhoors of land described in schedule A of the plaint for a consideration of Rs. 10200.00 he agreed to purchase the land and accordingly Ram Udgar Mahto, the Appellant No. 1 executed a deed of agreement on 5-9-1974. AT t