1. The defendants have filed this First Appeal against the Judgment and Decree dated 31st January, 1978 passed by learned 2nd Addl. Subordinate Judge, Ara in Title Suit No.13 of 1975 / 28 of 1977 whereby the learned Court below decreed the plaintiff’s suit for declaration of title and directed the appellant to receive the balance consideration amount of Rs.3300/- and to hand over the original sale deed to the plaintiff respondent.

2. The plaintiff respondent filed the aforesaid suit praying for declaration that the suit property is the purchased land of the plaintiff and the plaintiffs acquired right, title and interest in the suit property on the basis of the registered sale deeds.

3. The plaintiff prayed for the aforesaid relief alleging that the defendants appellants have given the suit property in Rehan to the plaintiffs after taking Rs.13,200/- . Possession was also handed over to the plaintiffs. When the defendants appellants were in need of money, they approached the plaintiffs for selling the suit property for Rs.17,000/- and the parties agreed that Rs.13,200/-, the Rehan money is to be adjusted with the other Rs.500/- loan and the balance of Rs.33,00/- was to