LALO SAHU Vs. BIRBAHADUR SINGH ALIAS NAGENDRA SINGH

JUDGEMENT

(1.) Heard Mr. Anil Kumar Mukund, learned counsel for the appellants and Mr. Surendra Kishore Thakur, learned counsel appearing on behalf of the respondent.

(2.) The present second appeal under Section 100 of the Code of Civil Procedure has been preferred against the judgment and decree dated 22.11.1986 and 1.12.1986 respectively passed in Title Appeal No. 5 of 1979 by learned 9th Additional District Judge, Patna, whereby he set aside the judgment and decree dated 9.2.1979 passed in Title Suit No. 43 of 1967.

(3.) The appellants-plaintiffs filed the suit for passing a decree of specific performance of contract arising out of sale deed dated 5.6.1966 executed by the defendant/respondent in favour of the plaintiffs and thereby giving the plaintiffs an opportunity to deposit a sum of Rs. 1087.50 being the balance of the consideration money and a direction to the respondents for making exchange of equivalence ( takzul badlain) of the sale deed dated 5.6.1966.