This appeal has been filed against the Judgment and decree dated 20-8-92 passed by the learned Assistant District Judge, Tinsukia in Title Suit No. 95 of 1986.

2. A suit was instituted by the plaintiff-Respondent for specific performance of contract. The case of the plaintiff is that the defendant No. 1 Shri Shyam Sundar Chowkhani and his father, the original defendant No. 2 late H. P. Chowkhani jointly owned a plot of land measuring 10 Bighas-3kathas-3Lechas at Digboi. They agreed to sell the suit land to the plaintiff, plaintiffs also agreed to purchase at the agreed value of Rs. 1,01,501/- (Rupees one lakh one thousand five hundred one). The defendant No. 1 received an amount of Rs. 26,501/- (Rupees twenty six thousand five hundred one) on 5-10-82. The defendant no. 2 received an amount of Rs. 15,000/- (Rupees fifteen thousand) on 9-11-92 and the defendant no. 1 received a further sum of Rs. 60,000/- (Rupees sixty thousand) on 23-11-82. Thus the defendants received the entire amount of full consideration for the sale of the aforesaid land and on 1-2-83 they agreed to execute the final registered sale deed on return of the defendant No. 1 from Calcutta. On his return on