N.K. Agarwal J.—This is plaintiff’s first appeal under Section 96 of the Code of Civil Procedure (for brevity ‘the CPC.’) against the judgment and decree dated 25.11.2003 passed in Civil Suit No. 28A/2002 by the 8th Additional District Judge (FTC.), Rapiur, whereby and whereunder the plaintiffs’ suit for specific performance of the contract has been dismissed.

Facts of the case in brief are as under:

(i) The appellants/plaintiffs filed a suit for specific performance of contract and for permanent injunction against the defendants. According to the plaintiffs, they entered into oral agreement of sale in the month of June. 1992 to purchase suit land bearing Kh. No. 496/7 area 0.360 hectares situated at village Telibandha. Raipur, at the rate of Rs. 80,000 per acre from the defendants No. 1 to 3 and have paid Rs.77,200 as part consideration till 11.10.1993. On 11.10.1993 a written agreement of sale was executed between plaintiff No.2 and defendants Nos. 1 to 3, in which, they have admitted receipt of Rs.77,200. The defendants have also handed over the possession of the suit land in part performance of the contract.

(ii) In December, 1995, the plaintiffs came to know that t