JUDGMENT :

The appellants in this appeal have called in question the judgment and decree passed by the learned 2nd Additional District Judge, Cuttack in Title Appeal No.74 of 2013.

The respondent as the plaintiff had filed the suit for specific performance of contract with alternative prayer for recovery of the advance consideration of Rs.4,000/- from the defendants with interest pendente lite and future.

The suit being contested by the appellant-defendants had been decreed in part refusing the plaintiff –respondent the relief of specific performance of the contract and decreeing the suit in part as regards recovery of advance consideration of Rs.4,000/- from the defendants with pendente lite and future interest @ 6% per annum. The defendant-appellants being aggrieved had carried an appeal to the lower appellate court. In that appeal the plaintiff-respondent having received notice filed a cross-appeal as against the refusal of the trial court to grant him the decree for specific performance of contract by the defendants. The lower appellate court in rendering the judgment both in the appeal as well as in the cross appeal filed by the present appellant-defendants decreed the cross-appe