Judgment

S.B. Majmudar, J.-This appeal on grant of special leave to appeal under Article 136 of the Constitution of India is moved by the origi­nal plaintiff whose suit for specific performance of the suit agree­ment came to be decreed by the Trial Court but got dismissed by a learned Single Judge of the High Court and which dismissal in turn was confirmed by a Letters Patent Bench of the High Court. We will refer to the appellant as plaintiff and the respondents concerned as defendants, for the sake of convenience, in the latter part of this judgment. We may also mention that pending this appeal original de­fendant No. 2 has sold the suit property to one Yash Pal, son of Shri Hans Raj who is sought to be joined as party respondent No. 4 by I.A. No. 3 moved by the plaintiff. Similar application is moved by the said purchaser pendente lite being I.A. No. 4. Both these I.As. are grant­ed. Consequently the subsequent purchaser has become respondent No. 4 in this appeal. He will be treated as defendant No. 4.

2. A few relevant facts leading to this appeal are required to be noted at the outset with a view to appreciating the grievance of the plaintiff.

Background Facts

3. The suit house co