( 1 ) THIS order will govern the disposal of I. A. No. 2742/97.

( 2 ) SUIT was filed, inter alia, alleging that the plaintiff, Vikram Rai and Smt. Jyotsna Sahni are the heirs of Smt. Vimla Balwant Rai who died intestate on 28th September, 1988. Defendant No. 1 is a registered firm carrying on the business of builders and developers of properties and defendants 2 and 3 are the partners thereof. Defendants 4 to 6 are the sons of Late Basheshar Nath and brothers of said Smt. Vimla Balwant Rai. Defendants 1 to 3, on the one hand, and Defendants 4 to 6, on the other hand, entered into a building and development agreement on 2nd May, 1971 with regard to property situated at 9, Barakhamba Road, New Delhi owned by defendants 4 to 6. In a letter dated 2nd May,1971 defendant No. 1 had culled out the terms of contract for development of the said plot and construction of a multi-storey building thereon. Under the said agreement it was, inter alia, stated that out of the total saleable area of the multi-storey building 31. 5% would belong to defendants 4 to 6 while the remaining 68. 5% to defendants 1 to 3 on different floors. By the letter dated 17th March, 1980 defendants 4 to