1. The defendants have filed this First Appeal against the judgment and decree dated 23.12.1982 passed by the learned 3rd Additional Subordinate Judge, Darbhanga in title suit No.74 of 1975/43 of 1981 whereby the court below decreed the plaintiff-respondent’s suit for specific performance of contract.

2. The aforesaid suit was filed for specific performance of contract for reconveying the suit property to the plaintiff on receipt of Rs.27,000. According to the plaintiff, she had three storied building i.e. the suit property. She was in need of money for starting business, therefore, she approached the defendants for loan. The defendants agreed to advance loan of Rs.37,000 on condition that the plaintiff has to execute a registered sale deed in favour of the defendants with respect to her residential house. The defendants also agreed to execute an agreement in favour of the plaintiff to the effect that if the plaintiff will repay the entire amount within two years from the date of agreement, the defendant shall reconveyed the house. Accordingly, a registered sale deed was executed on 18.10.1962 with respect to the suit house for a consideration of Rs.37,000. The defendant a