This First Appeal by the defendants Nos. 3 to 7 is directed against the judgment and decree dt. 29th Jan., 1980 passed by the learned Assistant District Judge, Jorhat in T.S. No.51/76 decreeing the plaintiffs suit for specific performance of contract by the defendant/ respondent Shri Mirza Zamal Hussain. The defendant-appellant Nos.3 to 7 are the heirs and legal representatives of late Mohfil Hussain, the step brother of defendant respondent Shri Mirza Zamal Hussain. Defendant- respondent Smt. Aklima Khatun is the step-mother of Mirza Zamal Hussain.

2. Plaintiff-respondent instituted a Title Suit No.51/76 in the Court of learned Asstt. District Judge for specific performance of contract by the defendant-respondent, Mirza Zamal Hussain to sell the suit property comprising of land measuring 1K 2L with houses, latrine standing thereon, fully described in the Schedule A to the plaint, in terms of written contract dated 23-4-76. Plaintiffs case was that defendant-respondent No.2, Mirza Zamal Hussain became the sole owner of the suit property by virtue of a gift deed executed by his mother late Saruaiti and that by a written agreement dt. 23-4-76 defendant respondent No.2, enter