DEOKI NANDAN PRASAD, J.

( 1 ) THIS second appeal is directed against the judgment dated 9-8-2000 and the decree signed on 21-8-2000 passed by the District Judge, Palamau at Daltonganj in Title Appeal No. 10 of 1997 by which the learned District Judge, Palamau allowed the appeal and set aside the judgment and decree dated 27-1-1997 passed by the Additional Munsif, Garhwa, in Title Suit No. 17/92- 49/93.

( 2 ) THE case of the plaintiffs-appellants in brief as stated is that the plaintiffs were in need of money , hence, offered to mortgage their land detailed in Schedule d of the plaint with condition to repurchase the same on consideration of Rs. 36,600/ -. The defendant-respondent, namely, Brahma-nand Singh and one Dasrath Prasad Keshri became ready to purchase jointly the land of Schedule d and accordingly, the plaintiffs executed a registered deed of sale dated 5-2-1986. The respondent and Dasrtath Prasad Keshri on the same day also executed a registered deed of agreement and agreed to recovery the purchased land to the plaintiff on payment of consideration money to them. It has been alleged that though the deed of sale was executed by the plaintiff-appellants in favour