Ashis Kumar Chakraborty, J.

This second appeal, at the instance of the defendants in a suit for specific performance is against the judgment and decree passed by the learned first appellate Court, affirming the judgment and decree for specific performance passed by the learned trial Judge in favour of the respondent.

2. The relevant facts giving rise to the present appeal are stated herein below.

One Rama Prasad Ghosh, since deceased was the owner of various plots of land being Plot Nos. 222, 291, 438, 486, 490, 505, 526, 122, 130, 36, 38, 112, 367 of Khatian No. 69 Akri and Plot No. 357 of Khatian No. 27 Akri at Mouza- Mamudpur in the district of Murshidabad (hereinafter referred to as "the said properties"). In the year 1953, the said Rama Prasad died intestate, leaving behind his wife and three sons namely, Kesab, Jitendra and Nipendra. Since the said Rama Prasad Ghosh died before coming into force of the Hindu Succession Act, 1956 his said properties devolved upon his said three sons, each having one-third share therein.

3. In July 1988 Nipendra, the respondent in this appeal filed a suit, being Suit No. 132 of 1998 (subsequently renumbered as O.S. No. 42 of 1989) before