Syed Md.Mahfooz Alam, J.

1. This Second Appeal has been preferred against the judgment dated 26th September, 1987 and decree dated 9.11.87 passed by the 3rd Additional District Judge, East Champaran at Motihari, in Title Appeal No. 95 of 1977 / 36 of 1987 whereby he has been pleased to set aside the judgment dated 14th May, 1977 and decree dated 30.5.77 passed by Sri S. N. Sinha, 1st Additional Sub-Judge, Motihari, in Title Suit No. 82 of 1974 / 137 of 1976 and decreed the suit of the plaintiff for specific performance of contract.

2. Brief facts of the case of the parties are as follows:

The plaintiff Baliram Singh finalised talk of sale of 5 Kattha 16 dhurs of land of village Gobindpur on payment of consideration money amounting to Rs. 6.000.00 with the defendant Atma Singh and, accordingly, on 14.4.73 the plaintiff paid rupees one thousand to defendant Atma Singh by way of earnest money but as the plaintiff and defendant were Gotiyas, as such, no hand note was required to be executed with respect to the payment of earnest money. The defendant promised to take the balance amount of consideration money after registration of sale deed at the time of exchange of the registra