Anil Dev Singh, J.

( 1 )

( 2 ) THIS is an appeal from the order of the learned single Judge in I. A. 9565/94 in Suit No. 1518/94 whereby the suit filed under Order 37 Civil Procedure Code has been treated as an ordinary regular suit. The facts giving rise to this appeal are as under:-

( 3 ) THE first appellant herein is the first plaintiff while the second and third appellants herein are the second and third plaintiffs in the suit. The first appellant is the widow and the second and third appellants are the son and daughter respectively of late Brahm Parkash, who died on July 6, 1990. The first two respondents in this appeal are the first two defendants in the suit. The third and fourth respondents,the legal representatives of late Tej Ram, are the third and fourth defendants in the suit.

( 4 ) ON April 2, 1990 Brahm Parkash entered into an agreement with the first and second respondents and Tej Ram. Under the agreement, the first and second respondents and Tej Ram agreed to sell a piece of land measuring 17 bighas and 4 biswas comprised in Khasra No. 43/12 (4-16), 13/1 (3-12), 17 (4-8) and 18 (4-8) situate in village Kakrola, New Delhi to Brahm Parkash at the rate of Rs. 6. 25 lakh

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