ROSHAN DALVI, J.

1. The plaintiff has sued for specific performance of the agreement between the plaintiff and the original defendant, now represented by his heirs and legal representatives being the executors of his will dated 02.06.1983, and for reliefs incidental thereto. The plaintiff has also sued for alternative reliefs of refund of the part payment of consideration made by him and for damages which alternative reliefs are not pressed. The original defendant did not file any written statement. He expired soon after the suit. The written statement has been filed by defendant No. 1(A) to 1(E) who are the heirs and legal representatives of the original defendant. Defendant No. 1(A), who was his wife, has also expired. Defendant No. 1(B), who is his son, has contested the suit. Defendant No. 1(C), who is one of the executors of the will of the original defendant, since probated, has signed the written statement along with other defendants but has given separate oral evidence independently and not on behalf of the other defendants. Defendant No. 1(D) and 1(E) are also