JUDGMENT :

(Sugato Majumdar, J.) :

1. The present appeal is directed against the Judgment and Decree dated 15th March, 2010 passed in Title Suit No. 125 of 2005 by the Learned Civil Judge, Senior Division, 7th Court, Alipore, whereby the suit for specific performance of the Appellants was dismissed.

2. Briefly, the plaint case is that the Respondent, being the absolute owner of schedule – B land, entered into an agreement for sale on 13.06.1995 with the Appellants in respect of that property for a consideration of Rs. 6,500 per cottah. In terms of the agreement, the Appellant was to develop the land by filling earth and making roads therein. On execution of the agreement, the Appellants paid a sum of Rs. 62,501/-to the Respondent. It is the case of the Appellant that about rupees five lakhs were invested by the Appellants for development of the land and they paid further sum of consideration money to the extent of Rs. 2, 24, 400/-, from time to time, to the Respondent, apart from the initial payment of Rs. 62,501/-. The Respondent sold out, from time to time, in terms of the agreement, 2 bighas 1 cottah 15 chitaks of land, to different persons nominated by the Appellants wherein th