S.K.Katriar, J.

1. This matter comes up before us on a reference made by a learned single Judge of this Court by his order dated 3.4.2006.

2. The brief facts essential for adjudication of the matter are not in dispute. One Sanat Kumar Ghosh entered into an agreement with the present petitioner on 25.7.1987, for sale of the land in question for a total sum of Rs. 1,10,000.00 , and received a sum of Rs. 30,000.00 by way of earnest money by cheque. The petitioner thereafter tendered the balance sum of Rs. 80,000.00 to Sanat Kumar Ghosh with the request to execute the registered sale deed; he refused to receive the amount, and did not execute the registered document. The petitioner, therefore, instituted Title Suit No. 168/88 in the court of learned Sub Judge, Gaya, for specific performance of the contract. Sanat Kumar Ghosh died during the pendency of the suit and was substituted by his heirs, being his two daughters. The learned Sub Judge VI, Gaya, allowed the suit by his judgment and decree on 3.12.2003 (Annexure 2). The petitioner (plaintiff) levied Execution Case No. 4/2004, in the court of learned Sub Judge, Gaya, and on the courts direction deposited the balance sum of R