JUDGMENT :

Goutam Bhaduri, J.

1. This appeal is filed against the judgment and decree dated 12th February, 2019 passed by Fourth Additional District Judge, Durg (C.G) in Civil Suit No.1236102-A/2012 whereby the suit filed by the plaintiffs for specific performance of contract and permanent injunction has been rejected. Hence this appeal.

2. (a) The case of the plaintiffs, in short, is that the land bearing Kh. No.289/2 admeasuring 3.52 hectares situated at village Karhidih, P.H. No. 17/8, Tahsil and District Durg was jointly owned by defendants 1 to 3. According to plaint averments, since 1980-81 the family of the plaintiffs and defendants were jointly doing the land business, however, the purchase of lands was made in separate names and subsequently as the lands were being sold, the sale consideration was being divided equally. The plaintiff further stated that in the year 1999, the lands which were jointly purchased were agreed to be divided which was accepted by the defendants and accordingly, some of the lands belonging to the plaintiffs situated at village Sankra, Distt. Rajnandgaon were sold in favour of the defendants in 2003-04 by registered sale deed. Like wise, the landed pr