Narendra Nath Tiwari, J.

1. This Second Appeal, by the defendants/appellants/appellants has been preferred against the judgment and decree passed in Title Appeal No. 3 of 1999, whereby learned lower appellate court has dismissed the appellants appeal affirming and upholding the judgment and decree of learned trial court passed in Title Suit No. 23 of 1995.

2. The plaintiffs/respondents had filed the Suit praying a decree for specific performance of contract and confirmation of possession of the suit land. The plaintiffs case was that the defendants father late Satyanarain Kejriwal, by virtue Page 969 of an agreement dated-11.09.1980, had contracted to sell the suit property to the plaintiff for a total consideration of Rs. 36,000/- and out of which had taken Rs. 17,050/- by way of advance. The balance amount was payable at the time of the execution and registration of the sale deed. The plaintiffs in part performance of the said contract, were also put in possession of the suit property and they had been in continuous possession of the same since then. The plaintiffs requested several times to execute and register the sale deed but the same was not heeded upon. The plaintiff