Rupan Mahto and Harinath Mahto had entered into an agreement with plaintiffs/appellants of the present suit to sale the land on the consideration amount of Rs.2 lacs and they have received Rs. 50,000/- from the appellants/plaintiffs by way of part consideration amount in advance. The plaintiffs/appellants paid Rs.50,000/- by means of cheque bearing no. 953008 dated 08.12.2004 of ICICI Bank, Ranchi. It was agreed between the parties in aforesaid agreement that on payment of balance consideration amount, seller shall execute the sale deed to buyer (appellants/plaintiffs). Further the case of the plaintiffs/appellants was that time fixed by that agreement was three years and the sellers have permitted the plaintiffs/appellants to construct the boundary wall around the suit land. It was also stated that in the present suit the defendant no.1 Surendra Mahto is the son of deceased Rupen Mahto who was one of the executants of the said agreement of sale. Further the case of the plaintiffs/appellants was that inspite of several request and reminders, defendants/respondents did not execute the sale deed and ultimately appellants/plaintiffs sent legal notice to the defendants/respondents under registered post which were refused by the defendants/respondents giving no option to the plaintiffs/appellants filed the present suit. It has been further stated that the present suit has been filed within the period of limitation i.e. within three years from the date of execution of sale and has been properly valued at Rs.2 lacs for the purpose of jurisdiction of this court as well as for the reliefs. The defendants Harinath Mahto died during the course of trial and
