A.A. CAZI, J.:---This suit is for (a) a decree for ordering the defendants to specifically perform their obligation under the contract by executing conveyance in favour of the plaintiffs in respect of the suit property more particularly described in the schedule annexed to the plaint with clear and unencumbered title; (aa) alternatively, if it is found that the defendants are unable to convey the suit property with clear and unencumbered title, decree for specific performance plus decree for Rs. 1 crore as compensation for not conveying clear and marketable title; (ab) a decree ordering defendants Nos. 4 to 6 to construct on the suit plot a building consisting of 60 tenements with 36790 sq. ft. built up area as per plan submitted and approved by the Bombay Municipal Corporation; (ac) alternatively, if specific performance of the agreement cannot be granted, a decree against defendants Nos. 4 to 6 ordering them to refund to the plaintiffs the consideration of Rs. 14,24,440/- together with interest thereon at the rate 20% per annum from 18-11-1983 till the date of the suit and further interest at the same rate or such rate as the Court deems fit and proper from the date of the suit till payment; and (b) in the alternative to prayer (a), if the plaintiffs are not entitled to the specific performance, a decree ordering the defendants to pay to the plaintiffs damages of Rs. 8 crores or such sum as may be determined on inquiry in that behalf with interest thereon at the rate of 18% per annum from the date of the suit till payment.

2. In the prayer clause (a) there is a reference "Schedule annexed to the plaint", but undisputedly what is meant thereby is the scheduled at page 42 of the plaint. The property described there is land plus structures standing thereon being Plot Nos. 703, admeasuring 4500 sq. yds. equal to 3763 sq. meters situate at Andheri (East) in the registration district and sub-district of Bombay City and Bombay Suburban now Greater Bombay.

3. The plaintiffs' case is as follows : On 23rd April, 1970 there was an agreement under which defendants Nos. 1 to 3 agreed to sell the suit property to defendants Nos. 4 to 6 for a certain price and this was subject to Court sanction being obtained in respect of the minor vendors. On 23rd April, 1970 possession of the suit property was given by defendants Nos. 1 to 3 to defendants Nos. 4 to 6 and a Power of Attorney was also given. In March 1975 the promoters of the plaintiff-Society (which was then a proposed society) were J.L. Joshi and B.S. Salvi. On 30th April, 1975 the then promoters of the plaintiff-society agreed to purchase the to-be-constructed residential flats on the suit land at Rs. 100/- per sq. ft. and a sum of Rs. 1,50,000/- was paid and a balance of 10% was to be deposited with the attorneys of the defendants M/s. Ayer Co. Defendants Nos. 4 to 6 made no efforts to remove the unauthorised occupants. On the contrary defendants Nos. 4 to 6 issued notice dated 26th April, 1979 terminating the agreement dated 30th April, 1975. The original promoters then assigned their rights under the agreement to (1) Smt. V.V. Petkar, (2) Shri R.D. Tamankar and (3) Shri Jumani. On 26th July, 1980 there were two agreement copies of which are at Exhibits 'D' and 'D-1' to the plaint. Exhibit 'D' to the plaint is an agreement between defendants Nos. 4 to 6 on the one hand referred to therein as 'the vendors' and (1) Mrs. V.V. Pethker, (2) P.D. Tamhankar and (3) Smt. K.K. Bhandari, on the other referred to therein as 'the purchasers'. In that agreement it was stated that there were 30 hutments on the said land; that the vendors withdraw the notice dated 26th April, 1979 and confirmed that the agreement dated 30th April, 1975 was valid and subsisting; that the vendors would proceed to construct alternative accommodation in a portion shown in the plan annexed thereto and to shift all the hutments; that the total built up area for the purchasers would be 36790 sq. ft. and total tene