Judgment

B.K. Patel, J.

1. Plaintiffs in T.S. No. 103 of 1994 are in appeal against the judgment and decree dated 17.5.1997 by which learned Civil Judge (Senior Division), Baripada, while rejecting plaintiffs' prayer for specific performance of contract of sale Ext. 3, decreed the suit in part and directed refund of earnest money of Rs. 70,000/- with pendente lite and future interest @ 6 per cent per annum from defendants 1 to 5. T.S. No. 103 of 1994 is essentially a suit for specific performance of contract by defendants 1 to 11 on receiving balance consideration amount. In the alternative, a prayer has been made that in case agreement for sale Ext. 3 is found valid to the extent of share of defendant Nos. 1 to 5 only, decree for specific performance of contract be passed to that extent in respect of 2/5th of the suit land on receipt of proportionate balance consideration amount.

2. The suit land, as described in Scheduled 'A' to the plaint, originally belonged to late Surendranath Banerjee who was governed by Dayabhag School of Hindu Law. On his death on 3.7.1980 the suit land devolved on his two sons defendant No. 1 and late Soumendra Banerjee, and three daughters defendants 6, 7 a