ORDER

1. Heard learned counsel for the parties and perused the relevant material.

2. Leave granted.

3. The appellant-plaintiff herein has filed a suit for specific performance basing his claim on an Agreement dated 2nd November, 1975. The plaint was amended and the prayer for specific performance is set out thus :

"The plaintiff therefore prays that this Hon'ble Court may be pleased to pass a decree for specific performance in favour of the plaintiff directing all or such of the defendants as the Hon'ble Court may deem fit to join in and execute a sale deed with respect to suit schedule property falling which the Court may execute the same and deliver vacant possession to the Plaintiff by removing or evicting the defendants and all persons claiming through them and their servants agents from the suit schedule property and remove any structure or constructions made by them or for such other reliefs as this Hon'ble Court may deem fit and proper and costs of the Suit (Amended as per orders in I.A. No. 259/91 dated 31.03.1992)".

A written statement was filed by Defendants Nos. 1 to 3 on 10th February, 1982 in para 1 of which they raised the plea that the Second Additional Judge, City Civil