Syed Md.Mahfooz Alam, J.

1. This Second Appeal has been preferred against the judgment dated 18th September, 1989 and decree dated 25.9.89 passed by Sri L.W. Kujur, Second Additional District & Sessions Judge, Munger, in Title Appeal No. 30 of 1988 reversing the order of dismissal of the suit dated 23.4.1988 passed in Title Suit No. 45 of 1985 by Sri Gauri Shanker Poddar, Sub-Judge IV, Hunger.

2. The brief facts of the case is as follows:

The plaintiff-respondent Bibi Salma Khatoon filed Title Suit No. 45 of 1985 in the Court of Sub-Judge, Hunger, stating therein that the defendant-appellant Smt. Sudama Devi offered her to sell the suit land and the plaintiff-respondent agreed to purchase the suit land for a valuable consideration of Rs. 7500.00 . Thereafter, Bayanama (agreement for sale) was executed by the defendant-appellant in favour of the plaintiff-respondent on 28.4.83 after payment of Rs. 7,000.00 . As per the terms and conditions incorporated in the Bayanama, it was agreed that the defendant-appellant shall execute the sale deed in favour of the plaintiff-respondent within April 1984 after receiving Rs. 500.00 , the rest consideration money. After Bayanama the plai