1. This appeal has been preferred by the plaintiffs-appellants against the judgment and decree dated 4.2.2012 and 24.2.2012 respectively passed by the Sub Judge III, Katihar in Title suit no. 02/1999 by which and whereunder he dismissed the aforesaid suit on contest but without cost.

2. Plaintiffs-appellants filed Title suit no. 02/1999 against the defendants-respondents for specific performance of the contract seeking relief that the defendants-respondents be directed to execute absolute sale deed in favour of plaintiffs-appellants in respect of suit land described in Schedule A of the plaint, failing which plaintiffs-appellants shall be at liberty to get the sale deed executed through the process of the court and furthermore, they sought relief that they also be put in possession of the suit land.

3. In brief, plaintiffs’ case, as emerged out, from the pleadings that on the request of the defendant no.1- respondent no.1, plaintiff no.1- appellant no.1 had given Rs 2,36,400/- to the defendant no.1-respondent no.1 on 08.10.1995 for taking distributorship of soft drink and the defendant no.1-respondent no.1 granted Khesta receipt thereof. Again, plaintiff no.1- appellant no.