1. This appeal is by original defendant nos.7 and 8 from Special Civil Suit No.130 of 1979 filed by respondent nos.1 and 2. The respondent no.1 is dead and he is represented in this matter through his legal heirs. The suit was filed against the cooperative housing society Paramount Apartments, and its managing committee as defendant nos.1 and 2, builder promoter defendant nos.3 and 4, Secretary of defendant no.2, defendant no.5 and one G.H. Shaikh (Defendant no.6) to whom the suit flat was allotted. He was found dead and his legal heirs defendant no.7 and 8 were added. According to the plaintiffs, by virtue of allotment dated 31.12.1973 defendant nos.3 and 4 agreed to allot to them Flat No.A5 of 790 sq.ft area in the proposed building to be constructed as 'Paramount Apartments.' The agreed price was Rs.53,975/-. Out of the same a sum of Rs.34,245/- was given by the plaintiffs to defendant no.4 who received it on behalf of defendant no.3 and gave allotment letter. The plaintiffs claimed that they through brother of the plaintiff no.2, occupied the suit flat no.A5 since 18.3.1978. Thereafter, defendant nos.3 and 4 started committing irregularities and/or fraud by allotment