( 1 ) THE plaintiff company has filed this suit for specific performance of the agreement to sell dated 17th June, 1995 whereby the defendants had alleged to have agreed to transfer the defendant No. 1 company alongwith its assets in favour of the plaintiffs. It is alleged that only asset of the defendant company is the land measuring 13 bighas and 2 biswas in Village Bijwasan, Tehsil Mehrauli, New Delhi and defendants 2 and 3 were holding the total equity capital of defendant No. 1 company. One Shri S. P. Aggarwal is stated to have negotiated on behalf of the plaintiff with defendant No. 2 for sale of the shares of defendant No. I company and a concluded contract is alleged to have been arrived at between the parties whereby the price of Rs. 34 lakhs was fixed for transfer of shares of defendant No. 1 company. A sum of Rs. 1 lakh is stated to have been paid by the plaintiff in cash to defendant No. 2 and a receipt was executed by the said defendant in his own hand and it was agreed that a formal agreement as required under the Income Tax Act would be executed and submitted under Section 269 of the Income Tax Act. Thereafter it appears that the deal could not come