JUDGMENT :

(Partha Sarthy, J.) :

1. The instant appeal has been preferred against the judgment dated 27.4.2018 and decree dated 10.5.2018 passed in Title Suit no. 176 of 2008 whereby the suit filed by the plaintiff- respondent no.1 was decreed on contest with a direction to the defendants to execute the sale deed in favour of the plaintiff with respect to the suit property described in Schedule-A of the plaint.

2. The case of the plaintiff in brief is that Kusum Kumari (original defendant no.1) was the owner of plot no. A/164 in P.C. Colony, Kankarbagh, Patna measuring an area of 2800 sq.ft. with a house constructed thereon. The same has been fully described in Schedule-A (herein after referred to as ‘the suit property’) of the plaint of Title Suit no.176 of 2008. Having come to know the desire of the original defendant no.1 to sell, the plaintiff approached her with the offer to purchase the suit property. In the discussion, her grandson i.e. the defendant no.1 and his wife, the defendant no.3 also participated and it was agreed that the original defendant no.1 would sell the suit property to the plaintiff for a consideration of Rs.25 lacs. An agreement dated 25.1.2008 was entered