Gitesh Ranjan Bhattacharjee, J.

1. This appeal is directed against the judgment and decree' passed by the learned Assistant District Judge, 6th Court, Alipore in T.S. No. 42 of 1983. That was a suit for specific performance of contract regarding sale of immovable property. By the impugned judgment and decree the learned trial court granted decree for specific performance. The appellant was the defendant in the said suit. The present appeal has been preferred challenging the said judgment and decree.

2. In the suit it was the contention of the plaintiffs-respondents that there was an agreement between the defendant company and one Phani Bhusan Khasnabis, the predecessor in interest of the plaintiffs for sale of land and the said Phani Bhusan also paid earnest money as well as a part of the consideration money to the defendant company and in part performance of the agreement possession of the concerned property was also delivered to said Phani Bhusan Khasnabis but the defendant company did not execute deed of conveyance. It may be mentioned here that the plaintiff no. 1 Arun Kr. Khasnabis is the son of said Phani Bhusan Khasnabis, since des eased and the plaintiff no. 2 Sudha