JUDGMENT

P. Venkatarama Reddi, J.-Leave granted.

2. It is the case of the appellant that his mother (who is no more) entered in to a written agreement on 13.10.1981 with the first respondent-firm for the purchase of flat No. 606 in the multistoried complex proposed to be constructed at Prabha Devi, Mumbai by the said firm, pursuant to which she paid earnest money initially and later on after the construction of the building commenced in 1987, she tendered a sum of Rs. 50,000 through a demand draft on 28.1.1987. About a year later, the appellant s mother received a letter from the respondent denying the agreement and the draft of Rs. 50,000 was also returned along with the letter. After exchange of notices, appellant s mother filed a suit being suit No. 82 of 1989 in the High Court of Delhi seeking the relief of specific performance. The respondent firm filed a written statement on 19.5.1989 setting up the plea that the flat in question was sold to one Sukhbinder Singh by an agreement of sale dated 30.7.1981. On 8.7.1991, the respondent filed a photocopy of the alleged agreement dated 30.7.1981 according to which the flat was agreed to be sold to Sukhbinder Singh. However, the origina