Syed Md.Mahfooz Alam, J.

1. This second appeal has been preferred by the appellant Phullan Mian and others (defendant - second set in the suit) against the judgment dated 31st August 1988 and decree dated 5.9.1988 passed by the 1st Additional District Judge, West Champaran, Bettiah in Title Appeal No. 22 of 1985/31 of 1988 where by he has been pleased to dismiss the appeal of the defendant-second set and confirmed the finding of the learned Munsiff, Bettiah passed in Title Suit No. 31 of 1984 decreeing the suit of the plaintiff-respondent far specific performance of contract.

2. The case of the plaintiff-respondent, in brief, is that on 28.1.1984 defendant No. 1 Rita Devi entered into a contract for sale, of land measuring an area of 5 kathas 6 dhurs situated in village Motihari fully described in Schedule I of the plaint with the plaintiff for which total consideration was fixed at Rs.3000.00 . Towards part performance of the contract the plaintiff-respondent paid Rs. 1500.00 as earnest money and accordingly, a Mahadanama was executed by the defendant-first party who agreed to execute the. sale deed latest by 15.3.1984 after receiving the rest consideration amount. After e