A.K. Mishra, J.

1. This appeal filed by the unsuccessful plaintiffs is for specific performance of an agreement to sell which has been disallowed by the learned trial Court with respect to an agricultural land comprising of khasra No. 213/2 in area 1.619 hectares and khasra No. 213/1 in area 0.809 hectares. Total area being 2.428 hectares situated at village Khamkheda, tehsil Deori, district Sagar.

2. It was alleged that an agreement to sell was entered into with the original plaintiff Rajaram for a sum of Rs. 1,30,500/-. The agreement was entered into by late Hari Shankar, defendant No. 2 and earnest money of Rs. 25,000/- was paid to him. The sale-deed was to be executed on or before Fagun Sudi Puno Year 1990. It was agreed that by executing the sale-deed and receiving the consideration of balance of Rs. 1,05,500/- before the Sub-Registrar, the registration of the document would be completed and the possession will also be handed over. The plaintiffs' father Raja Ram was ready and willing to pay remaining amount due under the agreement to defendants Nos. 1 and 2 to get the sale-deed executed, but all of a sudden, defendants Nos. 1 and 2 on 19-10-1989 served an incorrect noti