M.Y. Eqbal, J.

1. This second appeal filed by the defendants/appellants is directed against the judgment and decree dated 19.12.1988 passed by the 1st Additional District Judge, Giridih in Title Appeal No. 13/1977 whereby he has dismissed the appeal and affirmed the judgment and decree dated 12.7.1977 passed by Munsif Giridih in Title Suit No. 17/76.

2. The appeal was admitted for hearing on the following substantial question of law :

"Whether in absence of the heirs of Sheonath Mukherjee, one of the parties in whose favour the appellant-defendants had agreed to reconvey the property, the suit could have been decreed for the whole of the property.

3. The facts of the case lie in a narrow campass.

4. Two persons namely, Shambhunath Mukherjee and Sheonath Mukherjee who were the owners of the suit property sold it to the defendants for a consideration of Rs. 1,000/- and Rs. 3,500/- through two separate sale deeds dated 22.6.1973 and put them in possession of the same. On the same day defendants agreed to their vendors and entered into a deed of reconveyance of the suit property on payment of consideration money within a period of four years from the date of the sale. The defendants