1. This appeal has been preferred against the Judgment dated 04.01.2012, Decree dated 21.01.2012, passed and signed by Sub Judge-X, Ranchi in connection with Title Suit No. 259 of 2002 whereby the learned Sub Judge has been pleased to decree the suit for specific performance in favour of the respondent no. 1 and directed the appellant to execute Deed of Sale with respect to suit property after receiving the balance consideration amount with cost, failing which the Court will execute the Deed of Sale according to process of law.

2. The appellants were defendants no. 2 and 3 whereas proforma respondent no. 2 was the defendant no. 1 in the Court below. The respondent no. 1 was the plaintiff who filed Title Suit No. 259 of 2002 in the Court of Sub Judge-I at Ranchi with following facts:-

(i) The defendant no. 1 is the absolute owner of the property pertaining to M.S. Plot No. 1875 corresponding to present Municipal Holding No. 1031, area measuring 6 Katha 9 Chhatak within Ward No. VII of Ranchi Municipal Corporation situated at Mohalla - Tharpakhna, Town - Ranchi, P.S. - Lower Bazar, District Ranchi.

(ii) The defendant no. 1 as land owner and the defendant no. 2 through its proprietor Surendra Kumar Singh, defendant no. 3 entered into a written agreement in favour of the plaintiff on 16th September, 1999 whereby and whereunder the defendant nos. 2 and 3 are required to construct multi-storied building complex (G + 4) consisting of as many as thirteen flats besides parking space on the aforementioned land and name of the building complex would be Anjalika Awaas.

(iii) By the said agreement, the defendant no. 1 agreed to sell his proportionate share in the aforementioned land and the defendants no. 2 and 3 agreed to sell one flat being Flat No. 2 on the first floor of the proposed multi-storied building complex consisting of two bed rooms, one drawing-cum-dining room, two bathrooms, one kitchen and balcony measuring 1000 Sq. Ft. of super built-up area, more-fully described in the schedule to the plaint for a consideration of Rs. 4,75,000 (Rupee Four Lacs Seventy Five Thousand) only and the plaintiff paid a sum of Rs. 5,000 only as an advance to the defendants no. 2 and 3 on the date of execution of the said agreement i.e. on 16.09.1999.

(iv) The plaintiff is a Government employee posted in the office of the Accountant General, Bihar, Hinoo, Ranchi, who had obtained loan to the extent of Rs. 1,75,000 for purchasing a Flat and said sum of Rs. 1,75,000 was paid to defendants no. 2 and 3 through Cheque No. 459159, dated 31.12.1999, and thus paid total sum of Rs. 1,80,000 to the defendant as advance which was duly acknowledged by the defendant no. 3 who issued a receipt dated 26.01.2000.

(v) The plaintiff further got sanctioned loan of Rs. 3,00,000 (Rupees Three Lac.) by Punjab National Bank, Ranchi and by cash order bearing no. RRF 746291, dated 17.01.2001 for Rs. 1,00,000 (Rupees One Lac.) drawn in favour of the defendant no. 2 and tendered the same towards part payment to the defendant no. 3 but it was refused. The plaintiff had also assured to pay balance sum of Rs. 2,00,000 (Rupees Two Lac.) to the defendant within ten days.

(vi) The plaintiff requested the defendant several times to receive balance consideration money and deliver possession of the flat and also to execute registered deed of sale in his favour for the suit property but the defendant went on postponing the issue on one pretext or the other.

(vii) The plaintiff was also ready and willing to pay the balance consideration money and to meet necessary expenses towards registration and execution of deed of sale in pursuance of the agreement dated 16.09.1999 but the defendant refused and neglected to perform their part of obligation under the agreement and hence cause of action for filing of suit arose on and from 16.09.1999 and on 31.12.1999, 26.01.2000 and on subsequent dates when the plaintiff requested the defendant to receive balance consideration and execute the