( 1 ) EX. PW-1/1 is the foundation of the present suit. It reads as under :

" RECEIPT received Rs. 1,00,000/- (Rs. one lac only) in cash from Shri S. K. Gupta, s/o Shri R. B. Gupta, R/o R-79, Greater kailash-I, New Delhi-110048 as part and advance payment against the sale of our land and property bearing no. T-10, Rajouri Garden, New Delhi, measuring 436 sq. yards as per the settled bargain in lump sum of rs. 25,00,000/- (Rs. twenty five lacs only ). This property was registered in our mother s name Smt. Sita Wanti, w/o Shri Bhagat Singh Bedi. It was transferred in her name through succession certificate and also he died on 26th August,1979. This property was mutated in his four sons names. 1. Sh. Jagjit Singh Bedi. 2. Sh. Avtar Singh Bedi 3. Sh. Prithipal Singh Bedi 4. Sh. Surjan Singh Bedi after the death of Shri Jagjit Singh bedi, his wife (i) Mrs. Mohinder Kaur bedi, (ii) Mrs. Harcharan Kaur bachcher, (iii) Mrs. Priti Kumra, (iv) sh. Avtar Singh Bedi (v) Sh. Taranjit singh Bedi, became legal heirs of the share of the property of sh. Jagjit Singh Bedi. The balance payment will be made within three months after getting all clearances including Income tax, urban LAND (CEILING AND REGULATION) ACT, 1976 etc. etc. at the time of registration of sale deed before the Sub-Registrar, Delhi. The property can be transferred in the name of purchaser or his nominee or his nominees. np3. htm witnesses: 1. Kuldip Bedi 2. Gurmeet Bedi"

( 2 ) BASED on Ex. PW-1/1, case of the plaintiff is that the defendants, the 8 executants of Ex. PW-1/1, agreed to sell property bearing No. T-10, Rajouri Garden, New Delhi to the plaintiff at an agreed price of rs. 25,00,000/- and received a sum of rs. 1,00,000/- as part payment and advance towards sale consideration. Balance sum of rs. 24,00,000/- was to be paid within 3 months of the defendants obtaining the requisite clearances including the income tax clearance and at the time of execution of the sale deed. Plaintiff, time and again requested defendants to obtain the requisite permissions. On 9. 1. 1989, plaintiff caused to be issued a legal notice to the defendants calling upon them to obtain the requisite clearances. Plaintiff expresses his willingness to comply with his obligation and pay the balance sum of Rs. 24,00,000/- before the sub-Registrar at the time of execution of sale deed. Defendants responded to plaintiff s legal notice dated 9. 1. 1989 vide reply dated 19. 1. 1989. Reply accepted receipt of rs. 1,00,000/- towards advance part sale consideration. However, defendants took a stand in the reply dated 19. 1. 1989 that the receipt does not constitute an agreement of sale because it lacks essential ingredients of an agreement of sale. Defendants further stated in the reply that plaintiff had not furnished requisite information to the Income Tax authorities. Defendants stated that sum of rs. 1,00,000/- stood forfeited due to default of the plaintiff. Plaintiff alleges in the suit that the defence afore-noted is legally not sustainable. Defence is a ruse to wriggle out of the sale consideration. Making averments in the plaint that plaintiff was always ready and willing and continues to be ready and willing to pay the balance sale consideration present suit was filed on 25. 1. 1990 praying as under :

" (A) pass a decree in favour of the plaintiff and against the defendants for specific performance of the agreement incorporated in annexure P-1 and the defendants be directed to specifically perform the terms thereof and to accept the balance sale price of Rs. 24,00,000/- at the time of execution and registration of the sale deed and transfer complete and clear title in the said property bearing No. T-10, rajouri Garden, New Delhi measuring 476 sq. yds. and to hand over the vacant possession thereof. (b) alternatively, and only if for any reason, this Hon ble Court is of the view that specific performance cannot be granted, then decree for compensatory damages of rs. 25,00,000/-