P.K. MISRA, J.

Defendants are the appellants against the judgment and decree of the learned single Judge directing the defendants to execute sale deed. Such suit for specific performance was filed by the plaintiff / respondent, which was a private limited company engaged in the construction of multi-storeyed building flats.

.2. Defendant No.1 is the father (now deceased) and Defendant Nos.2 to 4 are the sons. On the death of Defendant No.1, the other heirs were brought on record as Defendant Nos.5 and 6. The agreement on which specific performance sought for was dated 16. 1980. The extent of schedule property is 8 grounds and 2354 sq.ft. According to the case of the plaintiff, the defendants agreed to sell such property described in the schedule free from all encumbrances for a net price of Rs.5,40,000/-, out of which a sum of Rs.1 lakh was deposited by the plaintiff with Auditor M/s. Venkataraman & Co., and balance of Rs.4,40,000/- was agreed to be paid by the plaintiff to the Syndicate Bank to discharge the loan borrowed by the defendants on the mortgage to the said bank, subject to the said bankers giving certificate of discharge. In the agreement it was further indi