The instant appeal has been preferred against the judgment and decree dated 24.12.2005 passed by Sri Nagendra Prasad Tripathi, the then Subordinate Judge III, Danapur decree sealed and signed on 06.01.2006 in Title Suit No. 43 of 1990 whereby and whereunder the suit filed by plaintiff/respondent was decreed on contest with costs. The defendants were directed to execute the sale deed in favour of plaintiff on receipt of balance of consideration money from the plaintiff within three months from the date of judgment, failing which the same be executed through the process of the court on depositing the balance consideration money by the plaintiff. The defendants are the appellants here.

2. The plaintiff has filed the suit for a decree of specific performance of contract and in alternative decree for realization of Rs. 65,000/- with interest at the rate of 12 per cent.

3. Briefly stated, the case of the plaintiff is that the original defendants Rupa Rai, Arbind Rai along with one Sanjay Kumar (deceased) being in need of money for business declared for selling the land mentioned in Schedule I of the plaint and ultimately the matter was finalized in between the defendants and plai