JUDGMENT :

Subhash Chand, J.

1. Heard learned counsel for the appellants and learned counsel for the respondent.

2. The instant appeal is preferred on behalf of the appellants against the impugned Judgment dated 9th February, 2022 and decree dated 19th February, 2022 passed by the learned Civil Judge (Senior Division)-III, Giridih in Original (Title) Suit No.06 of 2007, whereby and whereunder the suit was dismissed.

3. The brief facts leading to this appeal are that the plaintiffs Shyam Kumar Gupta and Suraj Prasad Jaiswal has instituted a suit against Om Prakash Bhagat for specific performance of agreement to sale with these averments that an agreement was executed between plaintiffs and the defendant on 14th February, 2005 and it was agreed that 4 acre of land under Khata No.1 appertaining to Plot No.927 area 12 decimal, Plot No.928 area 3 decimal, Plot No.931 area 47 decimal, Plot No.933 area 1 acre 17 decimal and the area of Plot Nos.937 and 940 was to be ascertained after measurement Plot No.935 area 25 decimal and the Plot No.1090 area 59 decimal, Plot No.1092 area 9 decimal, Plot No.1006 area 32 decimal and land of Khata No.11 appertaining to Plot No.930 area 13 decimal, total