ORDER :

1. The instant appeal has been preferred by the defendants-appellants against the judgment and decree passed by the 5th Additional Judicial Commissioner, Ranchi in Title Appeal No. 06 of 1991 confirming the judgment and decree dated 30.11.1990 passed by the Sub-Judge-V, Ranchi decreeing Title Suit No. 108 of 1988.

2. The brief facts leading to the present appeal is that the plaintiff-respondent filed suit for specific performance of contract with respect to an agreement for sale of 4 Kathas of land in Plot No. 2101 of Khata No.75 regarding which agreement for sale was executed on 02.03.1985 on receipt of an advance of Rs. 15,000/- per katha against a total price of Rs. 40,000/- at the rate of Rs. 10,000/- per katha by defendants Ganga Sao and Sadhu Sao, which was their ancestral property and they had acquired their separate share and came in separate possession on partition. The defendants out of their share had sold 1/4th kathas of Plot No. 2101 of aforesaid Khata No.75 to Smt. Manju Singh by a registered deed of sale in 16.7.1985 and made reference to the partition in the deed of sale. In pursuance to the agreement, possession was given to the plaintiffs and the defendants