M.Y. Eqbal, J. - (1.) THIS second appeal filed by the defendants/appellants is directed against the judgment and decree dated 19.12.1988 passed by the 1st Additional District Judge, Giridih in Title Appeal No. 13/1977 whereby he has dismissed the appeal and affirmed the judgment and decree dated 12.7.1977 passed by Munsif Giridih in Title Suit No. 17/76.
(2.) THE appeal was admitted for hearing on the following substantial question of law : "Whether in absence of the heirs of Sheonath Mukherjee, one of the parties in whose favour the appellant -defendants had agreed to reconvey the property, the suit could have been decreed for the whole of the property. The facts of the case lie in a narrow compass .
(3.) TWO persons namely, Shambhunath Mukherjee and Sheonath Mukherjee who were the owners of the suit property sold it to the defendants for a consideration of Rs. 1,000/ - and Rs. 3,500/ - through two separate sale deeds dated 22.6.1973 and put them in possession of the same. On the same day defendants agreed to their vendors and entered into a deed of reconveyance of the suit property on payment of consideration money within a period of four years from the date of the sale. The defendants executed two separate deeds of agreement for sale on the same day in favour of their venders. Plaintiffs' case is that the vendors have always been tendering the said amount to the defendants right from the month of December 1974 but they have always been putting of the matter on one pretext or other. Ultimately, the venders sent a notice dated 7.1.1975 requesting them to accept the said amount of Rs. 4500/ - from the venders and to reconvey the Suitland by executing a registered sale deed.;