( 1 ) THIS appeal is directed against the judgment and decree of the learned Additional District Judge, Delhi, dated May 5, 1116 is Civil Suit No. 2 of 1983 whereby the laid suit insstituted by respondent No. 1 agaist the appellant and respondent No. 2 for specific pefomance of the agreement for sale of home bearing No. 313 Ward No. XVI, build on a leasehold plot, comprised in Khasra No. 180/37/36/33, admeasuring 222 sq. yards, situate in Block AC, Joshi Road, Karol Bagh, New Delhi (hereinafter referred to as the property) was decreed in favour of respondent No. 1. The salient facts giving rise to this appeal are.

( 2 ) THE property was purchased for a sum of Rs. 36,200. 00 by respondent No. 2, a displaced person, on April 7, 1959 in a public auction held by the Regional Settlement Commissioner, New Delhi in pursuance of the powers conferred upon him under Section 20 of the Displaced Persons (Compensation. and Rehabilitation) Act, 1954 (hereinafter referred to as the Act ). On January 22, 1963 sale certificate in respect of the leasehold property was issued by the Settlement Commissioner in favour of respondent No. 2 exclusively to the extent of full share, un