This appeal by the plaintiff-appellant is against the judgment and decree of affirmance passed by learned 6th Additional District Judge, Giridih in Title Appeal NO.5 of 2001 upholding the judgment and decree of learned Munsif, Giridih passed in Title Suit No. 209 of 1998.

2. The plaintiff filed the said suit, praying a decree for specific performance of the contract for sale of suit land appertaining to Khata Nos. 36 and 78, Plot Nos. 333 and 340, Holding Nos. 734 of Giridih. The plaintiff's case is that the said lands were offered for sale by the defendant to the plaintiff for a total consideration of Rs. 24,000/- and agreement for sell was executed on 15.10.1998 and a sum of Rs. 20001- was paid to the defendant as advance. As per the agreement, the deed of sale was to be executed and registered by defendant No.1 in favour of the plaintiff's after taking the balance consideration amount by 15.10.1999. In the meanwhile, the plaintiff came to know that the defendant No. 1 sold the said property to defendant No. 2 by executing a saledeed dated 17.11.1998. Hence the said suit was filed.

3. The defendants appeared and contested the suit stating inter alia that there was no such ag