( 1 ) THIS Second Appeal is directed against the judgment and decree dated 11-6-1980 passed by the learned Additional District Judge, 11 th Court at Alipore in Title Appeal No. 769 of 1979 reversing the judgment and decree dated 29-5-1979 passed by the learned Munsiff, 6th Court at alipore in Title Suit No. 397 of 1973.

( 2 ) THE plaintiffs-respondents Debilal shaw and four others filed a Suit on 27-1 - 1973 against Ram Adhar Dube and Smt. Sahida Khatoon Bibi praying for specific performance of a contract of sale dated 27th june 1972. The plaint case in brief is that the defendant No. 1 Ram Adhar Dube was the absolute owner of a Bastu measuring 2 1/2 decimals appertaining to Plot No. 393 khatlna No. 310 of Mouza Jaichandipur P. S. Budge Budge, District 24 Pgs. (South) along with the structure standing thereon fully described in the schedule to the plaint, that the defendant No. 1 agreed to sell the suit property to the plaintiffs and the plaintiffs agreed to purchase the same at a fixed price of Rs. 5000/- and on the basis of such agreement, a registered deed of agreement was executed by the defendant No. 1 on 27-6- 1972 after taking an advance of Rs. 1000/- from