Aditya Kumar Trivedi, J. – Against the judgment dated 9.4.2018 and decree dated 16.4.2018 passed by the Sub Judge II, Patna in Title Suit No. 274/2010, whereby and whereunder instead of decreeing the suit for specific performance of contract, the defendants/respondents have been directed to pay the amount which they received as an earnest money without cost has been put under challenge under instant appeal at the instance of the plaintiffs- appellants. In order to properly identify the parties they are being introduced through their original status.

2. The plaintiffs/appellants filed the suit for specific performance of contract under the garb of an agreement dated 19.7.2008 entered amongst defendants/ respondents no. 1 and 2 in one set, the defendants/respondents no. 3 to 6 in another set, with regard to an area 1.59½ acre, respectively lying under Khata No. 166, Khesra No. 562 of village Nathupur, P.S. Parsa Bazar, District Patna. In order to properly appreciate the case of the parties, as set up, be briefly stated as-

It has been pleaded at the end of the plaintiffs that Guru Sahay Gope S/o Ganga Gope purchased survey plot no. 562 corresponding to Khata No. 166, area 3 acres 19 de