( 1 ) THIS is an application for amendment of the plaint wherein the plaintiff claimed a decree inter alia for specific performance of the agreement dt. Aug. 27, 1979 being Annexures B and C to the plaint and/or for a decree directing the defendant No. 1 and/or defendants and/or such of them as this Hon'ble Court may deem fit and proper to execute a proper and sufficient conveyance in respect of the suit premises, the particulars whereof are set out in Schedule D to the plaint; a decree for Rs. 10,000/- in addition to the decree for specific performance; in the alternative a decree for Rs. 2,50,000/- as compensation.

( 2 ) THE defendants Nos. 1, 2 and 3 have filed a Joint Written Statement, inter alia, alleging that a sum of Rs. 34,500/- payable to the defendants Nos. 2 and 3 by the defendant No. 1 under an agreement, not being paid, the plaintiff was not entitled to get any relief in the suit, relying on the Deed of Partition between the defendants Nos. 1, 2 and 3, which provide that the right of the defendants Nos. 2 and 3 to use and enjoy along with the defendant No. 1 any portion of the premises is not absolute, and if the defendant No. 1 or his heirs and lega