JUDGMENT :

Doraiswamy Raju, J.

The above appeal has been filed against the judgment and decree dated 15.7.1987 of a Division Bench of the Bombay High Court in Appeal No. 204 of 1981, whereunder the judgment and decree dated 23.3.1981 passed by a learned Single Judge in Suit No. 744 of 1969 came to be confirmed. The fourth plaintiff in the Suit, who was the first appellant in the appeal before the High Court, is the appellant in this appeal. The Suit came to be filed jointly by more than one agreement-holders praying for a declaration that the scheme and the flat purchase agreement entered into between parties are valid and subsisting and the plaintiffs are entitled to specific performance of the same; that defendants 1 to 7 are promoters within the meaning of the Maharashtra Ownership Flats Act, 1963 and thereby they are trustees or occupy a fiduciary position qua the plaintiffs; that the defendants 1 to 8 and all other purchasers of flats are participants in the scheme; that defendants 1 to 8 and, in particular, defendants 1 and/or 2, may be ordered and decreed to forthwith specifically perform their respective obligations under the said agreements for sale by resuming or allowing t