BHASKAR BHATTACHARYA, J.

(1) THIS first appeal is at the instance of the defendants nos. 3 and 4, the subsequent purchasers, in a suit for specific performance of contract and alternatively, for a decree for pre-emption and is directed against the judgement and decree dated August 26, 1997 passed by the learned Civil Judge, Senior division, Second Court, Howrah, in Title Suit No. 173 of 1992, thereby passing not only a decree for specific performance of contract but also a decree for preemption by exercising power under Section 8 of the West Bengal Land Reforms Act.

(2) THE plaintiffs/respondents filed the abovementioned suit being Title Suit no. 173 of 1992 against their adjoining neighbours, the defendants nos. 1 and 2, for specific performance of an alleged oral agreement of sale of the suit property, which is a part of a house as described in the schedule of the plaint, on the allegation that the defendant no. 2, on his own behalf and on behalf of his brother, the defendant no. 1, orally agreed to sell the suit property at the price of Rs. 95,000/- after accepting a sum of Rs. 200/- as earnest money with the stipulation that a written agreement for sale would be subs