( 1 ) BY the present judgment and order, I propose to dispose of the second appeal filed by the appellants arising out of the suit filed by the respondents seeking for a decree of specific performance of an agreement to sell.

( 2 ) THE plaintiffs/respondents instituted a suit being Suit No. 363/80 praying for decree of specific performance of the agreement to sell dated 21. 2. 60 in favour of Plaintiff No. I with costs on the ground that late Amin Chand, father of the defendants/ appellants sponsored a colony known as Ganga Ram Vatika. situated at Najafgarh Road, New Delhi of which he was the sole owner. It was alleged in the plaint that before the actual development of the colony such as laying of roads, installation of electric poles and water pipes etc. the predecessor in interest of the appellants agreed to sell a plot of land bearing No. 10, Jiwni Block in the said Ganga Ram Watika to the plaintiff No. 2 and that the said plot measured 330 sq. yards at the time of booking and measured 353. 1/3 at the time of payment of fourth and final instalment on 6. 2. 1966. It was stated that the terms and conditions of sale were defined in the agreement-cum- receipt dated