MUNGESHWAR SAHOO, J.:–The defendants 4th set have filed this appeal against the impugned judgment and decree dated 26.08.1983 passed by learned 4th Additional District Judge, Bhojpur, Ara in Title Appeal No.104 of 1973 dismissing the appeal and confirming the judgment and decree dated 23.05.1973 passed in Title Suit No.204 of 1969/17 of 1972.

2. The plaintiffs-respondents filed the aforesaid suit for specific performance of contract for sale of raiyati interest in respect of the disputed lands executed by the defendants 1st set to 3rd set in favour of the plaintiffs on 26.11.1968. The plaintiffs also prayed that in case the court finds any difficulty in granting the above relief then a decree for refund of the earnest money of Rs.2500 be passed. The plaintiff’s further prayed for declaration that they have acquired occupancy rights as under tenants in respect of the disputed land.

3. The plaintiffs claimed the aforesaid relief mainly contending that the defendants 1st set to 3rd set are the owners of the property. The owners i.e., the raiyats resides far away from the villages where the property is situated whereas the plaintiffs are resident of village near to the property. 40 years

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