JUDGMENT

Y.K.SABHARWAL, J.

(1) THE appellant, who was plaintiff no. 4 in the suit, entered into an agreement dated 8th September, 1966 with respondent nos. 1 and 2 for the purchase of flat no. 71, on the 7th floor of the building known as Divya Prabha situated at 12-A, Foreshore road, Bombay. The sale consideration payable under the agreement is Rs. 60,000/-. The agreement stipulated that the building was to be completed and possession of the flat delivered to the appellant by 30th June, 1969 up to which time, the appellant had already paid Rs. 35.000/- out of the sale consideration leaving a balance of Rs. 25.000/-. Just a few days before the date fixed for completion and delivery of possession, the lease of the plot of land on which the flats were being constructed was cancelled by the Bombay municipal corporation. At that stage, the building was incomplete. Admittedly, it is incomplete till date.

(2) SIMILAR agreements in respect of different flats were also entered into by the sellers with other flat purchasers. On 30th July, 1969, a suit, out of which the present appeal has arisen, was filed seeking specific performance of the flat purchase agreemen