Mungeshwar Sahoo, J.

1. The Defendant has filed this First Appeal against the judgment and decree dated, 22nd December, 2008 passed by Sri Nagendra Prasad Tripathi, the learned Civil Judge (Sr. Division) Ist, Buxar in Title Suit No.85 of 2004 decreeing the Plaintiff-Respondent suit for specific performance.

2. The Plaintiff-Respondent Ram Pravesh Singh filed aforesaid title Suit No. 85 of 2004 for specific performance of contract dated, 5th May, 2001 alleging that the Defendant and her husband had purchased Schedule I property in the name of the Defendant and her minor Son Govind Thakur. The Defendant Appellant was the guardian of her minor son, Govind Thakur. She herself and being the guardian of minor son agreed to sale Schedule I land of the plaint for Rs. 4,50,000 in presence of her husband Sheojee Thakur and other witnesses. Earnest money of Rs. 4 lacs was paid immediately and on 5th May, 2001, she executed a Mahadnama in favour of the Plaintiff after receiving earnest money of Rs. 4 lacs. The Defendant-Appellant put her signature and endorsed regarding receiving of the said earnest money. The Defendant promised to execute sale deed within 2nd May, 2004 after receivin