JUDGMENT :

Dr. A.K.Rath, J

Defendants are the appellants against a reversing judgment.

2. Respondent as plaintiff instituted O.S. No.32 of 1979-I in the court of the learned Subordinate Judge, Bhubaneswar for specific performance of contract, declaration that the sale deed executed by defendant no.1 in favour of defendant no.2 to 4 are illegal and void, recovery of possession and in the alternative for a decree of Rs.8000/-with PI&FI. Case of the plaintiff is that defendant no.1 is the owner of the suit schedule land. To press his legal necessity, defendant no.1 entered into an agreement on 29.3.1976 with the plaintiff for sale of the land for a consideration of Rs.10,000/-. He received an amount of Rs.8000/-towards part consideration and delivered possession. It was agreed between the parties that defendant no.1 would receive the balance consideration of Rs.2000/-and execute the sale deed in favour of the plaintiff within four months. The plaintiff was ready and willing to perform part of the contract. He approached defendant no.1 on different occasions to execute the sale deed, but later avoided on false pretext. Subsequently defendant nos.2 to 4 in connivance with defendant no.1 ob