( 1 ) THIS appeal by the plaintiffs-appellants is directed against that part of the order of a learned single Judge dated 29th September 1997 passed in I. A. No. 8395/96 by which the ex-parte ad-interim injunction order dated 12th September 1996 was vacated against defendant No. 3 and was made absolute against the remaining defendants but subject to the plaintiffs making deposit of Rs. 20 lakhs in fixed deposit in the name of the Registrar of this Court.

( 2 ) SUIT for specific performance was filed by the plaintiffs, interalia, alleging that under an agreement dated 14th June 1995 defendants agreed to sell their land comprised in Mustatil No. 17, Khasra No. 19 Min 22,23 and Mustatil No. 18, Khasra No. 1, 2, 3, 8 min, 9, 10/1 and 10/2, total measuring 41 bighas situated in the Revenue Estate of Village Asalatpur Khawad, Tehsil Mchrauli, New Delhi for a total sale consideration of Rs. 39. 12084. 00 @ Rs. 4,58,000. 00 per acre, to the plaintiffs. Plaintiffs paid Rs. 3 lakhs as earnest money/part payment to the defendants, which payment has been duly acknowledged by them in the aforesaid agreement to sell. As per the terms of the agreement, defendants were to obtain Income-