JUDGMENT

S.N. Variava, J.-This Appeal is against the Judgment dated 27th April, 1993 passed by the Division Bench of the High Court of Delhi. At the beginning of his submission learned counsel for the Appellants very fairly stated that the Appellants are not challenging grant of specific performance and transfer of title to the Respondent in respect of block 67B. This Appeal is therefore confined to the portion of the impugned judgment dealing with Block 67A.

2. Briefly stated the facts are as follows:

One Sunder Singh was a displaced person from Pakistan. In 1955 the Government, under the policy of rehabilitation allotted to him block numbers 67-A and 67-B in Malviya Nagar, New Delhi-110017. In 1957/1958 the Government offered to Sunder Singh a chance to purchase the properties allotted to him on payment of the cost of the properties as fixed by the Government, with arrears of rent, if any, either in lump sum or by annual instalments, In respect of plot M-67A and M-67B, the Government fixed the purchase price at Rs. 8080/-. In 1959 the Government gave to Sunder Singh a final demand notice to make payment under the Scheme. Sunder Singh did not have the money to make payment to the Government. He, therefore, entered into an Agreement dated 22nd June, 1959 with the Respondent (herein). The Agreement recites the fact that Sunder Singh had been allotted the above two blocks and that he has been given an offer by the Government to purchase these plots and that he is not in a position to pay its purchase price. The Agreement recites that the Respondent was eager and willing to cooperate with Sunder Singh and purchase half of the property, namely, block 67B at a price of Rs. 5,000/- and arrears of rent due to the Government. The Agreement recites that the Respondent was to make payment to the Government either in lump sum or by instalments or in any form acceptable to the Government. The Agreement recites that a sum of Rs. 3,000/- is being paid to Sunder Singh to enable him to make payment of the first instalment to the Government and that this amount was to be treated as a loan to Sunder Singh. The relevant clauses of the Agreement read as follows :

"1. That the entire cost of the quarter and arrears or rent shall be deposited or caused to be deposited with the government of India by the second party either in lump sum or by instalments or by offering claims or by one or more of these modes at the discretion of the second party or Shri D.N. Kaul husband of the second party. The said payments shall be made in the name of the first party and all other steps shall be taken by both the parties to have the ownership rights of the quarter in question transferred in favour of the first party and registration effected in his favour. The first party shall refund a sum of Rs. 3,000/- only to the second party or her husband Shri D.N. Kaul, whosoever, shall demand the same, in five yearly instalments of Rs. 600/- each year payable on or before the first day of January each year. The balance of the purchase price paid as also the arrears of rent paid shall be deemed and treated as advance payment of purchase price paid by or on behalf of the second party to the first party for the portion 67B agreed to be sold and transferred to her and shall represent the full and final consideration therefor.

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2. That in case the second party choses to associate some claimant in the matter of purchase of the said property she shall be free to do so at her absolute risk and choice. The first party shall do all that may be necessary or demanded on him in the matter of effective association of the said claimant with him and the ultimate transfer of 67B in favour of the second party jointly with the said claimant or serverally.

3. That on the transfer of ownership rights in respect of the said quarter in favour of the first party he shall immediately transfer or cause to be transferred in respect of the portion 67B as detailed