ORDER

Two suits bearing No. 450/86 and 451/86 were filed in the Delhi High Court for specific performance of the agreement dated 2.11.1983 in which it was alleged that defendant Nos. 1 to 5 (developers) had agreed to sell to the plaintiffs two flats in Mirahul Apartments, Green Park Extension, New Delhi. The above two suits claimed from the developers execution of the sale deed and refund of the alleged loan amount extended by the vendees to the developers. The defendant-developers submitted that there was no conclusive agreement between the parties and that the agreement dated 2.11.1983 was a provisional agreement which the plaintiff required to avail of the loan from HDFC Bank. During the pendency of the suits, the defendant-developers conveyed a portion of the suit flat to the 6th defendant, viz., S.S. Mohd. Arshad, a resident of Madras. Therefore, the plaintiffs (appellants herein) amended the plaint and alleged that the conveyance in favour of Mohd. Arshad dated 9.6.1987 was a sham transaction and that the vendees were not bound by such transaction.

2. In the said suits, the learned single judge framed the following issues:

"Suit No. 451/86:

1.Whether the plaint has been sign